105TH CONGRESS 2D SESSION H. R. 3494 AN ACT To amend title 18, United States Code, with re- spect to violent sex crimes against children, and for other purposes. 105TH CONGRESS 2D SESSION H. R. 3494

AN ACT To amend title 18, United States Code, with respect to violent sex crimes against children, and for other purposes.

1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 2 1 SECTION 1. SHORT TITLE. 2 This Act may be cited as the ‘‘Child Protection and 3 Sexual Predator Punishment Act of 1998’’. 4 TITLE I—PROTECTING CHIL- 5 DREN FROM SEXUAL PREDA- 6 TORS AND COMPUTER POR- 7 NOGRAPHY

8 SEC. 101. CONTACTING MINORS FOR SEXUAL PURPOSES. 9 Section 2422 of title 18, United States Code, is 10 amended by adding at the end the following: 11 ‘‘(c) Whoever, using the mail or any facility or means 12 of interstate or foreign commerce, or within the special 13 maritime and territorial jurisdiction of the United 14 States— 15 ‘‘(1) knowingly contacts an individual who has 16 not attained the age of 18 years; or 17 ‘‘(2) knowingly contacts an individual, who has 18 been represented to the person making the contact 19 as not having attained the age of 18 years, 20 for the purposes of engaging in any sexual activity, with 21 a person who has not attained the age of 18 years, for 22 which any person may be criminally prosecuted, or at- 23 tempts to do so, shall be fined under this title or impris- 24 oned not more than 5 years, or both. It is a defense to 25 a prosecution for an offense under this section that the 26 sexual activity is prosecutable only because of the age of

•HR 3494 EH 3 1 the individual contacted, the individual contacted had at- 2 tained the age of 12 years, and the defendant was not 3 more than 4 years older than the individual contacted.’’.

4 SEC. 102. TRANSFER OF OBSCENE MATERIAL TO MINORS.

5 (a) IN GENERAL.—Chapter 71 of title 18, United 6 States Code, is amended by adding at the end the follow- 7 ing:

8 ‘‘§ 1470. Transfer of obscene material to minors 9 ‘‘Whoever, using the mail or any facility or means 10 of interstate or foreign commerce— 11 ‘‘(1) knowingly transfers obscene matter to an 12 individual who has not attained the age of 18 years, 13 or attempts to do so; or 14 ‘‘(2) knowingly transfers obscene matter to an 15 individual who has been represented to the trans- 16 feror as not having attained the age of 18 years, 17 shall be fined under this title or imprisoned not more than 18 5 years, or both.’’.

19 (b) CLERICAL AMENDMENT.—The table of sections 20 at the beginning of chapter 71 of title 18, United States 21 Code, is amended by adding at the end the following new 22 item:

‘‘1470. Transfer of obscene material to minors.’’.

•HR 3494 EH 4 1 SEC. 103. INCREASED PRISON SENTENCES FOR ENTICE-

2 MENT OF MINORS. 3 Section 2422 of title 18, United States Code, is 4 amended— 5 (1) in subsection (a), by adding at the end ‘‘If 6 the individual had not attained the age of 18 years 7 at the time of the offense, the maximum imprison- 8 ment for an offense under this subsection is 10 9 years.’’; and 10 (2) in subsection (b), by striking ‘‘10’’ and in- 11 serting ‘‘15’’.

12 SEC. 104. ADDITIONAL JURISDICTIONAL BASE FOR

13 PROSECUTION OF PRODUCTION OF CHILD

14 PORNOGRAPHY.

15 (a) USE OF A CHILD.—Subsection (a) of section 16 2251 of title 18, United States Code, is amended by in- 17 serting ‘‘if such visual depiction was produced with mate- 18 rials that had been mailed, shipped, or transported in 19 interstate or foreign commerce by any means, including 20 a computer,’’ before ‘‘or if ’’.

21 (b) ALLOWING USE OF A CHILD.—Subsection (b) of 22 section 2251 of title 18, United States Code, is amended 23 by inserting ‘‘, if such visual depiction was produced with 24 materials that had been mailed, shipped, or transported 25 in interstate or foreign commerce by any means, including 26 a computer,’’ before ‘‘or if ’’.

•HR 3494 EH 5 1 SEC. 105. INCREASED PENALTIES FOR CERTAIN ACTIVITIES

2 RELATING TO MATERIAL INVOLVING THE

3 SEXUAL EXPLOITATION OF MINORS OR

4 CHILD PORNOGRAPHY AND TECHNICAL COR-

5 RECTION.

6 (a) INCREASED PENALTIES IN SECTION 2252.—Sec- 7 tion 2252(b) of title 18, United States Code, is amended— 8 (1) in each of paragraphs (1) and (2), by strik- 9 ing ‘‘or chapter 109A’’ and inserting ‘‘, chapter 10 109A, or chapter 117’’; and 11 (2) in paragraph (2), by inserting ‘‘the offense 12 consisted of the possession of 50 or more items of 13 the sort described in subsection (a)(4) or’’ after 14 ‘‘if ’’.

15 (b) INCREASED PENALTIES IN SECTION 2251(d).— 16 Section 2251(d) of title 18, United States Code, is amend- 17 ed by striking ‘‘or chapter 109A’’ each place it appears 18 and inserting ‘‘, chapter 109A, or chapter 117’’.

19 (c) INCREASED PENALTIES IN SECTION 2252A.— 20 Section 2252A(b)(2) of title 18, United States Code, is 21 amended by inserting ‘‘the offense consisted of the posses- 22 sion of 50 or more images of the sort described in sub- 23 section (a)(4) or’’ after ‘‘if ’’.

24 (d) MODIFICATION OF POSSESSION OFFENSE.—Sec- 25 tion 2252(a) of title 18, United States Code, is amended 26 so that paragraph (4) reads as follows:

•HR 3494 EH 6 1 ‘‘(4) either— 2 ‘‘(A) in the special maritime and territorial 3 jurisdiction of the United States, or on any 4 land or building owned by, leased to, or other- 5 wise used by or under the control of the Fed- 6 eral Government, or in the Indian country (as 7 defined in section 1151 of this title), knowingly 8 possesses a book, magazine, periodical, com- 9 puter disk, film, video tape, or any other matter 10 that contains a visual depiction of sexually ex- 11 plicit conduct and the production of which in- 12 volves the use of a minor engaging in that con- 13 duct; or 14 ‘‘(B) knowingly possesses a book, maga- 15 zine, periodical, computer disk, film, video tape, 16 or any other matter that— 17 ‘‘(i) has been mailed, or has been 18 shipped or transported by any means, in- 19 cluding computer, in interstate or foreign 20 commerce, or which was produced using 21 materials which were mailed or so shipped 22 or transported; and 23 ‘‘(ii) contains a visual depiction of 24 sexually explicit conduct and the produc-

•HR 3494 EH 7 1 tion of which involves the use of a minor 2 engaging in that conduct;’’.

3 (e) CHILD PORNOGRAPHY POSSESSION OFFENSE.— 4 Section 2252A(a)(5) of title 18, United States Code, is 5 amended in each of subparagraphs (A) and (B), by strik- 6 ing ‘‘3 or more images of ’’ and inserting ‘‘an image of ’’.

7 SEC. 106. CRIMINAL FORFEITURE FOR SOLICITATION OF

8 MINORS AND INTERSTATE PROSTITUTION. 9 Section 2253(a) of title 18, United States Code, is 10 amended by inserting ‘‘, or who is convicted of an offense 11 under section 2421, 2422, 2423, 2252A, or 2260 of this 12 title,’’ after ‘‘2252 of this chapter’’ in the matter preced- 13 ing paragraph (1).

14 SEC. 107. PRETRIAL DETENTION OF CHILD SEX

15 OFFENDERS. 16 Subparagraph (C) of section 3156(a)(4) of title 18, 17 United States Code, is amended to read as follows: 18 ‘‘(C) any felony under chapter 109A, 110, 19 or 117; and’’.

20 SEC. 108. INCREASED PRISON SENTENCES. 21 Subsection (b) of section 2422 of title 18, United 22 States Code, is amended by adding at the end the follow- 23 ing: ‘‘If in the course of committing the offense under this 24 subsection, the defendant used a computer to transmit a

•HR 3494 EH 8 1 communication to the minor, the minimum term of impris- 2 onment for the offense under this subsection is 3 years.’’.

3 SEC. 109. REPEAT OFFENDERS IN TRANSPORTATION

4 OFFENSE.

5 (a) GENERALLY.—Chapter 117 of title 18, United 6 States Code, is amended by adding at the end the follow- 7 ing:

8 ‘‘§ 2425. Repeat offenders 9 ‘‘(a) The maximum term of imprisonment for a viola- 10 tion of this chapter after a prior sex offense conviction 11 shall be twice the term otherwise provided by this chapter. 12 ‘‘(b) As used in this section, the term ‘prior sex of- 13 fense conviction’ means a conviction for an offense— 14 ‘‘(1) under this chapter or chapter 109A or 15 110; or 16 ‘‘(2) under State law for an offense consisting 17 of conduct that would have been an offense under a 18 chapter referred to in paragraph (1) if the conduct 19 had occurred within the special maritime and terri- 20 torial jurisdiction of the United States or in any 21 Territory or Possession of the United States.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections 23 at the beginning of chapter 117 of title 18, United States 24 Code, is amended by adding at the end the following new 25 item:

‘‘2425. Repeat offenders.’’.

•HR 3494 EH 9 1 SEC. 110. DEFINITION AND ADDITION OF ATTEMPT

2 OFFENSE.

3 (a) DEFINITION.—

4 (1) IN GENERAL.—Chapter 117 of title 18, 5 United States Code, is amended by adding at the 6 end the following:

7 ‘‘§ 2426. Definition for chapter 8 ‘‘For the purposes of this chapter, sexual activity for 9 which any person can be charged with a criminal offense 10 includes the production of child pornography, as defined 11 in section 2256(8).’’.

12 (2) CLERICAL AMENDMENT.—The table of sec- 13 tions at the beginning of chapter 117 of title 18, 14 United States Code, is amended by adding at the 15 end the following new item:

‘‘2426. Definition for chapter.’’.

16 (b) ATTEMPT OFFENSE.—Section 2422(a) of title 17 18, United States Code, is amended by inserting ‘‘or at- 18 tempts to do so,’’ after ‘‘criminal offense,’’.

19 SEC. 111. USE OF INTERSTATE FACILITIES TO TRANSMIT

20 IDENTIFYING INFORMATION ABOUT A MINOR

21 FOR CRIMINAL SEXUAL PURPOSES.

22 (a) IN GENERAL.—Chapter 110 of title 18, United 23 States Code, is amended by adding at the end the follow- 24 ing:

•HR 3494 EH 10 1 ‘‘§ 2260A. Use of interstate facilities to transmit infor-

2 mation about a minor 3 ‘‘Whoever, using the mail or any facility or means 4 of interstate or foreign commerce, or within the special 5 maritime and territorial jurisdiction of the United States, 6 knowingly transmits, prints, publishes, or reproduces, or 7 causes to be transmitted, printed, published, or repro- 8 duced, the name, address, telephone number, electronic 9 mail address, or other identifying information of an indi- 10 vidual who has not attained the age of 18 years for the 11 purposes of facilitating, encouraging, offering, or soliciting 12 any person to engage in any sexual activity for which any 13 person may be criminally prosecuted, or attempts to do 14 so, shall be fined under this title or imprisoned not more 15 than 5 years, or both.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections 17 at the beginning of such chapter is amended by adding 18 at the end the following new item:

‘‘2260A. Use of interstate facilities to transmit information about a minor.’’.

19 SEC. 112. STUDY OF PERSISTENT SEXUAL OFFENDERS. 20 The National Institute of Justice, either directly or 21 through grant, shall carry out a study of persistent sexual 22 predators. Not later than one year after the date of the 23 enactment of this Act, such Institute shall report to Con- 24 gress and the President the results of such study. Such 25 report shall include—

•HR 3494 EH 11 1 (1) a synthesis of current research in psychol- 2 ogy, sociology, law, criminal justice, and other fields 3 regarding persistent sexual offenders, including— 4 (A) common characteristics of such offend- 5 ers; 6 (B) recidivism rates for such offenders; 7 (C) treatment techniques and their effec- 8 tiveness; 9 (D) responses of offenders to treatment 10 and deterrence; and 11 (E) the possibility of early intervention to 12 prevent people from becoming sexual predators; 13 and 14 (2) an agenda for future research in this area.

15 SEC. 113. REPORTING OF CHILD PORNOGRAPHY BY

16 ELECTRONIC COMMUNICATION SERVICE

17 PROVIDERS.

18 (a) IN GENERAL.—Whoever, while engaged in provid- 19 ing an electronic communication service or a remote com- 20 puting service to the public, through a facility or means 21 of interstate or foreign commerce, obtains knowledge of 22 facts or circumstances from which a violation of section 23 2251, 2251A, 2252, or 2252A of title 18, United States 24 Code, involving child pornography (as defined in section 25 2256 of such title), is apparent shall, as soon as reason-

•HR 3494 EH 12 1 ably possible, make a report of such facts or circumstances 2 to an agency or agencies designated by the Attorney Gen- 3 eral. The Attorney General shall make a designation of 4 the agency or agencies described in the preceding sentence 5 not later than 180 days after the date of the enactment 6 of this subsection. A person who fails to make a report 7 required under this section shall be fined not more than 8 $100,000. A term used in this section has the same mean- 9 ing given that term when used in section 226(a) of the 10 Crime Control Act of 1990 (42 U.S.C. 13031(a)).

11 (b) EXCEPTION TO PROHIBITION ON DISCLOSURE.— 12 Section 2702(b)(6) of title 18, United States Code, is 13 amended to read as follows: 14 ‘‘(6) to a law enforcement agency— 15 ‘‘(A) if such contents— 16 ‘‘(i) were inadvertently obtained by 17 the service provider; and 18 ‘‘(ii) appear to pertain to the commis- 19 sion of a crime; or 20 ‘‘(B) if required by section 113 of the 21 Child Protection and Sexual Predator Punish- 22 ment Act of 1998.’’.

23 (c) CIVIL LIABILITY.—No provider or user of an elec- 24 tronic communication service or a remote computing serv-

•HR 3494 EH 13 1 ice to the public shall be held liable on account of any 2 action taken in good faith to comply with this section.

3 (d) LIMITATION OF INFORMATION OR MATERIAL RE-

4 QUIRED IN REPORT.—A report under this section may in- 5 clude information or material developed by an electronic 6 communication service or remote computing service, but 7 the Federal Government may not require an electronic 8 communication service or remote computing service to in- 9 clude such information or material in that report. 10 TITLE II—PUNISHING SEXUAL 11 PREDATORS

12 SEC. 201. SENTENCING ENHANCEMENT IN SECTION 2423

13 CASES.

14 (a) IN GENERAL.—Pursuant to its authority under 15 section 994(p) of title 28, United States Code, the United 16 States Sentencing Commission shall review and amend the 17 sentencing guidelines to provide a sentencing enhancement 18 for any offense listed in section 2423 of title 18, United 19 States Code.

20 (b) INSTRUCTION TO COMMISSION.—The Sentencing 21 Commission shall ensure that the sentences, guidelines, 22 and policy statements for offenders convicted of offenses 23 described in subsection (a) are appropriately severe and 24 reasonably consistent with other relevant directives and 25 with other guidelines.

•HR 3494 EH 14 1 SEC. 202. INCREASED PENALTIES FOR TRANSPORTATION

2 OF MINORS OR ASSUMED MINORS FOR ILLE-

3 GAL SEXUAL ACTIVITY AND RELATED

4 CRIMES. 5 Section 2423 of title 18, United States Code, is 6 amended to read as follows:

7 ‘‘§ 2423. Transportation of minors and assumed

8 minors

9 ‘‘(a) TRANSPORTATION WITH INTENT TO ENGAGE

10 IN CRIMINAL SEXUAL ACTIVITY.—A person who know- 11 ingly— 12 ‘‘(1) transports an individual who has not 13 attained the age of 18 years; or 14 ‘‘(2) transports an individual who has been rep- 15 resented to the person doing that transportation as 16 not having attained the age of 18 years, 17 in interstate or foreign commerce, or in any Territory or 18 Possession of the United States, with intent that the indi- 19 vidual engage in prostitution, or in any sexual activity for 20 which any person can be charged with a criminal offense, 21 shall be fined under this title or imprisoned not more than 22 15 years, or both.

23 ‘‘(b) TRAVEL WITH INTENT TO ENGAGE IN SEXUAL

24 ACT WITH A JUVENILE.—A person who travels in inter- 25 state commerce, or conspires to do so, or a United States 26 citizen or an alien admitted for permanent residence in

•HR 3494 EH 15 1 the United States who travels in foreign commerce, or con- 2 spires to do so, for the purpose of engaging in any sexual 3 activity, with another person who has not attained the age 4 of 18 years or who has been represented to the traveler 5 or conspirator as not having attained the age of 18 years, 6 for which any person can be charged with a criminal of- 7 fense, shall be fined under this title, imprisoned not more 8 than 15 years, or both.’’.

9 SEC. 203. INCREASED PENALTIES FOR ABUSIVE SEXUAL

10 CONTACT. 11 Section 2244 of title 18, United States Code, is 12 amended by adding at the end the following:

13 ‘‘(c) OFFENSES INVOLVING YOUNG CHILDREN.—If 14 the sexual contact that violates this section is with an indi- 15 vidual who has not attained the age of 12 years, the maxi- 16 mum term of imprisonment that may be imposed for the 17 offense shall be twice that otherwise provided in this sec- 18 tion.’’.

19 SEC. 204. PUNISHMENT FOR REPEAT OFFENDERS. 20 Section 2241 of title 18, United States Code, is 21 amended by inserting after subsection (d) the following:

22 ‘‘(e) PUNISHMENT FOR REPEAT OFFENDERS.—(1) 23 Whoever has twice previously been convicted of a serious 24 State or Federal sex crime and who— 25 ‘‘(A) violates this section; or

•HR 3494 EH 16 1 ‘‘(B) in a circumstance described in paragraph 2 (2) of this subsection, engages in conduct that would 3 have violated this section if the conduct had oc- 4 curred in the special maritime and territorial juris- 5 diction of the United States, 6 shall be imprisoned for life. 7 ‘‘(2) The circumstance referred to in paragraph (1) 8 of this subsection is that— 9 ‘‘(A) the person engaging in such conduct trav- 10 eled in interstate or foreign commerce or used the 11 mail or any facility or means of interstate or foreign 12 commerce in furtherance of the offense; or 13 ‘‘(B) such conduct occurs in or affects inter- 14 state or foreign commerce and would have violated 15 this section if the conduct had occurred in the spe- 16 cial maritime and territorial jurisdiction of the 17 United States.

18 ‘‘(f) SERIOUS STATE OR FEDERAL SEX CRIME.—For 19 the purposes of subsections (e) and (f), the term serious 20 State or Federal sex crime means a State or Federal 21 offense for conduct which— 22 ‘‘(1) is an offense under this section or section 23 2242 of this title; or 24 ‘‘(2) would have been an offense under either of 25 such sections if the offense had occurred in the spe-

•HR 3494 EH 17 1 cial maritime or territorial jurisdiction of the United 2 States.’’.

3 SEC. 205. REPEAT OFFENDERS IN SEXUAL ABUSE CASES. 4 Section 2247 of title 18, United States Code, is 5 amended to read as follows:

6 ‘‘§ 2247. Repeat offenders 7 ‘‘(a) The maximum term of imprisonment for a viola- 8 tion of this chapter after a prior sex offense conviction 9 shall be twice the term otherwise provided by this chapter. 10 ‘‘(b) As used in this section, the term ‘prior sex of- 11 fense conviction’ has the meaning given that term in sec- 12 tion 2425.’’.

13 SEC. 206. CIVIL REMEDY FOR PERSONAL INJURIES

14 RESULTING FROM CERTAIN SEX CRIMES

15 AGAINST CHILDREN. 16 Section 2255(a) of title 18, United States Code, is 17 amended by striking ‘‘2251 or 2252’’ and inserting 18 ‘‘2241(c), 2243, 2251, 2252, 2421, 2422, or 2423’’.

19 SEC. 207. ELIMINATION OF REDUNDANCY AND AMBIGU-

20 ITIES.

21 (a) REDUNDANCY.—Section 2243(a) of title 18, 22 United States Code, is amended by striking ‘‘crosses a 23 State line with intent to engage in a sexual act with a 24 person who has not attained the age of 12 years, or’’.

•HR 3494 EH 18

1 (b) MAKING CONSISTENT LANGUAGE ON AGE DIF-

2 FERENTIAL.—Section 2241(c) of title 18, United States 3 Code, is amended by striking ‘‘younger than that person’’ 4 and inserting ‘‘younger than the person so engaging’’.

5 (c) DEFINITION OF STATE.—Section 2246 of title 18, 6 United States Code, is amended— 7 (1) in paragraph (5), by striking the period and 8 inserting a semicolon; and 9 (2) by adding a new paragraph as follows: 10 ‘‘(6) the term ‘State’ means a State of the 11 United States, the District of Columbia, and any 12 commonwealth, possession, or territory of the United 13 States.’’.

14 SEC. 208. DEATH OR LIFE IN PRISON FOR CERTAIN

15 OFFENSES WHOSE VICTIMS ARE CHILDREN. 16 Section 3559 of title 18, United States Code, is 17 amended by adding at the end the following:

18 ‘‘(d) DEATH OR IMPRISONMENT FOR CRIMES

19 AGAINST CHILDREN.—Notwithstanding any other provi- 20 sion of law, a person who is convicted of a Federal offense 21 that is a serious violent felony (as defined in subsection 22 (c)) or a violation of section 2251 shall, unless the sen- 23 tence of death is imposed, be sentenced to imprisonment 24 for life, if the victim of the offense is under 14 years of 25 age, the victim dies as a result of the offense, and the

•HR 3494 EH 19 1 defendant, in the course of the offense, engages in conduct 2 described in section 3591(a)(2).’’. 3 TITLE III—FEDERAL INVESTIGA- 4 TIONS OF SEX CRIMES 5 AGAINST CHILDREN AND 6 SERIAL KILLERS

7 SEC. 301. ADMINISTRATIVE SUBPOENAS.

8 (a) IN GENERAL.—Chapter 203 of title 18, United 9 States Code, is amended by adding at the end the follow- 10 ing:

11 ‘‘§ 3064. Administrative subpoenas

12 ‘‘(a) AUTHORIZATION OF USE.—In an investigation 13 of an alleged violation of section 2241(c), 2243, 2421, 14 2422, or 2423 of this title where a victim is an individual 15 who has not attained the age of 18 years, the Attorney 16 General may subpoena witnesses, compel the production 17 of any records (including books, papers, documents, elec- 18 tronic data, and other tangible things which constitute or 19 contain evidence) which the Attorney General finds rel- 20 evant or material to the investigation. The attendance of 21 witnesses and the production of records may be required 22 from any place in any State or in any territory or other 23 place subject to the jurisdiction of the United States at 24 any designated place of hearing, except that a witness 25 shall not be required to appear at any hearing more than

•HR 3494 EH 20 1 500 miles distant from the place where the witness was 2 served with a subpoena. Witnesses summoned under this 3 section shall be paid the same fees and commissions that 4 are paid witnesses in the courts of the United States.

5 ‘‘(b) SERVICE.—A subpoena issued under this section 6 may be served by any person designated in the subpoena 7 to serve it. Service upon a natural person may be made 8 by personal delivery of the subpoena to that person or by 9 certified mail with return receipt requested. Service may 10 be made upon a domestic or foreign corporation or upon 11 a partnership or other unincorporated association which 12 is subject to suit under a common name, by delivering the 13 subpoena to an officer, to a managing or general agent, 14 or any other agent authorized by appointment or by law 15 to receive service of process. The affidavit of the person 16 serving the subpoena entered on a true copy thereof by 17 the person serving it shall be proof of service.

18 ‘‘(c) ENFORCEMENT.—In the case of contumacy by 19 or the refusal to obey a subpoena issued to any person 20 under this section, the Attorney General may invoke the 21 aid of any court of the United States within the jurisdic- 22 tion of which the investigation is carried on, or of which 23 the person is an inhabitant or in which the person carries 24 on business or may be found, to compel compliance with 25 the subpoena. The court may issue an order requiring the

•HR 3494 EH 21 1 subpoenaed person to appear before the Attorney General 2 to produce records, if so ordered, or to give testimony re- 3 garding the matter under investigation. Any failure to 4 obey the order of the court may be punished by the court 5 as contempt thereof. All process in any such case may be 6 served in any judicial district in which such person may 7 be found.’’.

8 (b) CLERICAL AMENDMENT.—The table of sections 9 at the beginning of chapter 203 of title 18, United States 10 Code, is amended by adding at the end the following new 11 item:

‘‘3064. Administrative subpoenas.’’.

12 SEC. 302. KIDNAPPING.

13 (a) 24-HOUR RULE.—Section 1201(b) of title 18, 14 United States Code, is amended by adding at the end the 15 following: ‘‘However, the fact that the presumption under 16 this section has not yet taken effect does not preclude a 17 Federal investigation of a possible violation of this section 18 before the twenty-four hour period has ended.’’.

19 (b) JURISDICTIONAL ELEMENTS.—Section 1201(a) 20 of title 18, United States Code, is amended— 21 (1) by striking ‘‘or’’ at the end of paragraph 22 (4); and 23 (2) by adding after paragraph (5) the following:

•HR 3494 EH 22 1 ‘‘(6) the mail or any facility or means of inter- 2 state or foreign commerce is used in furtherance of 3 the offense; or 4 ‘‘(7) the offense affects interstate or foreign 5 commerce, or would do so if the offense were con- 6 summated;’’.

7 (c) CLARIFICATION OF ELEMENT OF OFFENSE.— 8 Section 1201(a) of title 18, United States Code, is amend- 9 ed by inserting ‘‘, regardless of whether such person was 10 alive when transported across a State boundary provided 11 the person was alive when the transportation began’’ be- 12 fore the semicolon at the end of paragraph (1).

13 SEC. 303. AUTHORITY TO INVESTIGATE SERIAL KILLINGS.

14 (a) IN GENERAL.—Chapter 33 of title 28, United 15 States Code, is amended by inserting after section 537 the 16 following:

17 ‘‘§ 540B. Investigation of serial killings 18 ‘‘(a) The Attorney General and the Federal Bureau 19 of Investigation may investigate serial killings in violation 20 of the laws of a State or political subdivision, when such 21 investigation is requested by the head of a law enforce- 22 ment agency with investigative or prosecutive jurisdiction 23 over the offense. 24 ‘‘(b) For purposes of this section—

•HR 3494 EH 23 1 ‘‘(1) the term ‘serial killings’ means a series of 2 3 or more killings, at least one of which was commit- 3 ted within the United States, having common char- 4 acteristics such as to suggest the reasonable possibil- 5 ity that the crimes were committed by the same 6 actor or actors; 7 ‘‘(2) the term ‘killing’ means conduct that 8 would constitute an offense under section 1111 of 9 title 18, United States Code, if Federal jurisdiction 10 existed; and 11 ‘‘(3) the term ‘State’ means a State of the 12 United States, the District of Columbia, and any 13 commonwealth, territory, or possession of the United 14 States.’’. 15 (b) The table of sections at the beginning of chapter 16 33 of title 28, United States Code, is amended by adding 17 at end the following new item:

‘‘540B. Investigation of serial killings.’’.

18 SEC. 304. MORGAN P. HARDIMAN CHILD ABDUCTION

19 AND SERIAL MURDER INVESTIGATIVE RE-

20 SOURCES CENTER.

21 (a) ESTABLISHMENT.—Not later than 90 days after 22 the date of the enactment of this Act, the Attorney Gen- 23 eral shall establish a Child Abduction and Serial Murder 24 Investigative Resources Center to be known as the ‘‘Mor- 25 gan P. Hardiman Child Abduction and Serial Murder In-

•HR 3494 EH 24 1 vestigative Resources Center’’ (hereinafter in this section 2 referred to as the ‘‘CASMIRC’’).

3 (b) PURPOSE.—The purpose of this section is to es- 4 tablish a Federal Bureau of Investigation Child Abduction 5 and Serial Murder Investigative Resources Center man- 6 aged by the FBI’s Critical Incident Response Group’s Na- 7 tional Center for the Analysis of Violent Crime (NCAVC) 8 and multidisciplinary resource teams in FBI field offices 9 to provide investigative support through the coordination 10 and provision of Federal law enforcement resources, train- 11 ing, and application of other multidisciplinary expertise, 12 to assist Federal, State, and local authorities in matters 13 involving child abductions, mysterious disappearance of 14 children, child homicide, and serial murder across the 15 country. The CASMIRC shall be co-located with the 16 NCAVC.

17 (c) DUTIES OF THE CASMIRC.—The CASMIRC 18 shall perform such duties as the Attorney General deems 19 appropriate to carry out the purposes of the CASMIRC, 20 including but not limited to— 21 (1) identifying, developing, researching, acquir- 22 ing, and refining multidisciplinary information and 23 specialities to provide for the most current expertise 24 available to advance investigative knowledge and 25 practices used in child abduction, mysterious dis-

•HR 3494 EH 25 1 appearance of children, child homicide, and serial 2 murder investigations; 3 (2) providing advice and coordinating the appli- 4 cation of current and emerging technical, forensic, 5 and other Federal assistance to Federal, State, and 6 local authorities in child abduction, mysterious dis- 7 appearances of children, child homicide, and serial 8 murder investigations; 9 (3) providing investigative support, research 10 findings, and violent crime analysis to Federal, 11 State, and local authorities in child abduction, mys- 12 terious disappearances of children, child homicide, 13 and serial murder investigations; 14 (4) providing, if requested by a Federal, State, 15 or local law enforcement agency, on site consultation 16 and advice in child abduction, mysterious disappear- 17 ances of children, child homicide and serial murder 18 investigations; 19 (5) coordinating the application of resources of 20 pertinent Federal law enforcement agencies, and 21 other Federal entities including, but not limited to, 22 the United States Customs Service, the Secret Serv- 23 ice, the Postal Inspection Service, and the United 24 States Marshals Service, as appropriate, and with 25 the concurrence of the agency head to support Fed-

•HR 3494 EH 26 1 eral, State, and local law enforcement involved in 2 child abduction, mysterious disappearance of a child, 3 child homicide, and serial murder investigations; 4 (6) conducting ongoing research related to child 5 abductions, mysterious disappearances of children, 6 child homicides, and serial murder, including identi- 7 fication and investigative application of current and 8 emerging technologies, identification of investigative 9 searching technologies and methods for physically lo- 10 cating abducted children, investigative use of of- 11 fender behavioral assessment and analysis concepts, 12 gathering statistics and information necessary for 13 case identification, trend analysis, and case linkages 14 to advance the investigative effectiveness of out- 15 standing abducted children cases, develop investiga- 16 tive systems to identify and track serious serial of- 17 fenders that repeatedly victimize children for com- 18 parison to unsolved cases, and other investigative re- 19 search pertinent to child abduction, mysterious dis- 20 appearance of a child, child homicide, and serial 21 murder covered in this section; 22 (7) working under the Federal Bureau of Inves- 23 tigation’s NCAVC in coordination with the National 24 Center For Missing and Exploited Children 25 (NCMEC) and the Office of Juvenile Justice and

•HR 3494 EH 27 1 Delinquency Prevention (OJJDP) to provide appro- 2 priate training to Federal, State, and local law en- 3 forcement in matters regarding child abductions, 4 mysterious disappearances of children, child homi- 5 cides; and 6 (8) establishing a centralized repository based 7 upon case data reflecting child abductions, mysteri- 8 ous disappearances of children, child homicides and 9 serial murder submitted by State and local agencies, 10 and an automated system for the efficient collection, 11 retrieval, analysis, and reporting of information re- 12 garding CASMIRC investigative resources, research, 13 and requests for and provision of investigative sup- 14 port services.

15 (d) APPOINTMENT OF PERSONNEL TO THE 16 CASMIRC.—

17 (1) SELECTION OF MEMBERS OF THE CASMIRC

18 AND PARTICIPATING STATE AND LOCAL LAW EN-

19 FORCEMENT PERSONNEL.—The Director of the Fed- 20 eral Bureau of Investigation shall appoint the mem- 21 bers of the CASMIRC. The CASMIRC shall be 22 staffed with FBI personnel and other necessary per- 23 sonnel selected for their expertise that would enable 24 them to assist in the research, data collection, and 25 analysis, and provision of investigative support in

•HR 3494 EH 28 1 child abduction, mysterious disappearance of chil- 2 dren, child homicide and serial murder investiga- 3 tions. The Director may, with concurrence of the ap- 4 propriate State or local agency, also appoint State 5 and local law enforcement personnel to work with 6 the CASMIRC.

7 (2) STATUS.—Each member of the CASMIRC 8 (and each individual from any State or local law en- 9 forcement agency appointed to work with the 10 CASMIRC) shall remain as an employee of that 11 member’s or individual’s respective agency for all 12 purposes (including the purpose of performance re- 13 view), and service with the CASMIRC shall be with- 14 out interruption or loss of civil service privilege or 15 status and shall be on a nonreimbursable basis, ex- 16 cept where appropriate to reimburse State and local 17 law enforcement for overtime costs for an individual 18 appointed to work with the resource team. Addition- 19 ally, reimbursement of travel and per diem expenses 20 will occur for State and local law enforcement par- 21 ticipation in resident fellowship programs at the 22 NCAVC when offered.

23 (3) TRAINING.—CASMIRC personnel, under 24 the guidance of the Federal Bureau of Investiga- 25 tion’s National Center for the Analysis of Violent

•HR 3494 EH 29 1 Crime and in consultation with the NCMEC, shall 2 develop a specialized course of instruction devoted to 3 training members of the CASMIRC consistent with 4 the purpose of this section. The CASMIRC shall also 5 work with the NCMEC and OJJDP to develop a 6 course of instruction for State and local law enforce- 7 ment personnel to facilitate the dissemination of the 8 most current multidisciplinary expertise in the inves- 9 tigation of child abductions, mysterious disappear- 10 ances of children, child homicides, and serial murder 11 of children.

12 (e) REPORT TO CONGRESS.—One year after the es- 13 tablishment of the CASMIRC, the Attorney General shall 14 provide a report to Congress that describes the goals and 15 activities of the CASMIRC. The report shall also contain 16 information regarding the number and qualifications of 17 the members appointed to the CASMIRC, provision for 18 equipment, administrative support, and office space for 19 the CASMIRC, and projected resource needs for the 20 CASMIRC.

21 (f) AUTHORIZATION OF APPROPRIATION.—There are 22 authorized to be appropriated to carry out this section 23 such sums as may be necessary for fiscal year 1999 and 24 each of the two succeeding fiscal years.

•HR 3494 EH 30

1 (g) CONFORMING REPEAL.—Subtitle C of title XVII 2 of the Violent Crime Control and Law Enforcement Act 3 of 1994 (42 U.S.C. 5776a et seq.) is repealed. 4 TITLE IV—RESTRICTED ACCESS 5 TO INTERACTIVE COMPUTER 6 SERVICE

7 SEC. 401. PRISONER ACCESS. 8 Notwithstanding any other provision of law, no agen- 9 cy, officer, or employee of the United States shall imple- 10 ment, or provide any financial assistance to, any Federal 11 program or Federal activity in which a Federal prisoner 12 is allowed access to any interactive computer service with- 13 out the supervision of an official of the Federal Govern- 14 ment.

15 SEC. 402. RECOMMENDED PROHIBITION.

16 (a) FINDINGS.—Congress finds that— 17 (1) a Minnesota State prisoner, serving 23 18 years for molesting teenage girls, worked for a non- 19 profit work and education program inside the prison, 20 through which the prisoner had unsupervised access 21 to the Internet; 22 (2) the prisoner, through his unsupervised ac- 23 cess to the Internet, trafficked in child pornography 24 over the Internet;

•HR 3494 EH 31 1 (3) Federal law enforcement authorities caught 2 the prisoner with a computer disk containing 280 3 pictures of juveniles engaged in sexually explicit con- 4 duct; 5 (4) a jury found the prisoner guilty of conspir- 6 ing to trade in child pornography and possessing 7 child pornography; 8 (5) the United States District Court for the 9 District of Minnesota sentenced the prisoner to 87 10 months in Federal prison, to be served upon the 11 completion of his 23-year State prison term; and 12 (6) there has been an explosion in the use of 13 the Internet in the United States, further placing 14 our Nation’s children at risk of harm and exploi- 15 tation at the hands of predators on the Internet and 16 increasing the ease of trafficking in child pornog- 17 raphy.

18 (b) SENSE OF THE CONGRESS.—Congress strongly 19 urges State Governors, State legislators, and State prison 20 administrators to prohibit unsupervised access to the 21 Internet by State prisoners.

22 SEC. 403. SURVEY.

23 (a) SURVEY.—Not later than 6 months after the date 24 of the enactment of this Act, the Attorney General shall 25 conduct a survey of the States to determine to what extent

•HR 3494 EH 32 1 each State allows prisoners access to any interactive com- 2 puter service and whether such access is supervised by a 3 prison official.

4 (b) REPORT.—The Attorney General shall submit a 5 report to Congress of the findings of the survey conducted 6 pursuant to subsection (a).

7 (c) DEFINITION.—For purposes of this section, the 8 term ‘‘State’’ means each of the 50 States and the District 9 of Columbia. 10 TITLE V—SEX OFFENDER MAN- 11 AGEMENT ASSISTANCE PRO- 12 GRAM

13 SEC. 501. GRANTS TO STATES TO OFFSET COSTS ASSOCI-

14 ATED WITH THE JACOB WETTERLING CRIMES

15 AGAINST CHILDREN AND SEXUALLY VIOLENT

16 OFFENDER REGISTRATION ACT.

17 (a) IN GENERAL.—Section 170101 of the Violent 18 Crime Control and Law Enforcement Act of 1994 (42 19 U.S.C. 14071) is amended by— 20 (1) redesignating the second subsection (g) as 21 subsection (h); and 22 (2) adding at the end the following new sub- 23 section:

24 ‘‘(i) GRANTS TO STATES TO COMPLY WITH THE

25 WETTERLING ACT.—

•HR 3494 EH 33

1 ‘‘(1) PROGRAM AUTHORIZED.—

2 ‘‘(i) IN GENERAL.—The Director of the 3 Bureau of Justice Assistance shall award a 4 grant to each eligible State to offset costs di- 5 rectly associated with complying with the Jacob 6 Wetterling Crimes Against Children and Sexu- 7 ally Violent Offender Registration Act. Such 8 grant program shall be known as the ‘‘Sex Of- 9 fender Management Assistance Program 10 (SOMA)’’.

11 ‘‘(ii) USES OF FUNDS.—Grants awarded 12 under this subsection shall be— 13 ‘‘(I) distributed directly to the State 14 for distribution to State and local entities; 15 and 16 ‘‘(II) used for training, salaries, 17 equipment, materials, and other costs di- 18 rectly associated with complying with the 19 Jacob Wetterling Crimes Against Children 20 and Sexually Violent Offender Registration 21 Act.

22 ‘‘(2) ELIGIBILITY.—

23 ‘‘(i) APPLICATION.—To be eligible to re- 24 ceive a grant under this subsection, the chief 25 executive of a State shall, on an annual basis,

•HR 3494 EH 34 1 submit an application to the Director of the 2 Bureau of Justice Assistance (in such form and 3 containing such information as the Director 4 may reasonably require) assuring that— 5 ‘‘(I) the State complies with (or made 6 a good faith effort to comply with) the 7 Jacob Wetterling Crimes Against Children 8 and Sexually Violent Offender Registration 9 Act; and 10 ‘‘(II) where applicable, the State has 11 penalties comparable to or greater than 12 Federal penalties for crimes listed in such 13 Act. 14 The Director of the Bureau of Justice Assist- 15 ance may waive the requirement of subclause 16 (II) if a State demonstrates an overriding need 17 for assistance under this subsection.

18 ‘‘(ii) REGULATIONS.—

19 ‘‘(I) IN GENERAL.—Not later than 90 20 days after the date of enactment of this 21 subsection, the Director shall promulgate 22 regulations to implement this subsection 23 (including the information that must be in- 24 cluded and the requirements that the 25 States must meet) in submitting the appli-

•HR 3494 EH 35 1 cations required under this subsection. In 2 allocating funds under this subsection, the 3 Director may consider the annual number 4 of sex offenders registered in each eligible 5 State’s monitoring and notification pro- 6 grams.

7 ‘‘(II) CERTAIN TRAINING PRO-

8 GRAMS.—Prior to implementing this sub- 9 section, the Director of the Bureau of Jus- 10 tice Assistance shall study the feasibility of 11 incorporating into the SOMA program the 12 activities of any technical assistance or 13 training program established as a result of 14 section 40152 of the Violent Crime Control 15 and Law Enforcement Act of 1994 (Public 16 Law 103–322). In a case in which incor- 17 porating such activities into the SOMA 18 program will eliminate duplication of ef- 19 forts or administrative costs, the Director 20 shall take administrative actions, as allow- 21 able, and make recommendations to Con- 22 gress to incorporate such activities into the 23 SOMA program prior to implementing the 24 SOMA program.’’.

•HR 3494 EH 36

1 (b) STUDY.—The Director of the Bureau of Justice 2 Assistance shall conduct a study to assess the efficacy of 3 the SOMA program and submit recommendations to Con- 4 gress not later than March 1, 2000.

5 (c) AUTHORIZATION FOR APPROPRIATIONS.—There 6 are authorized to be appropriated to carry out subsection 7 (i) of section 170101 of the Violent Crime Control and 8 Law Enforcement Act of 1994 (42 U.S.C. 14211), 9 $25,000,000 for each of fiscal years 1999 and 2000. 10 TITLE VI—FACILITATING FIN- 11 GERPRINT CHECKS TO PRO- 12 TECT CHILDREN FROM SEX- 13 UAL PREDATORS AND VIO- 14 LENT CRIMINALS

15 SEC. 601. SHORT TITLE. 16 This title may be cited as the ‘‘Volunteers for Chil- 17 dren Act’’.

18 SEC. 602. ACCESS TO CRIMINAL FINGERPRINT BACK-

19 GROUND CHECKS.

20 (a) STATE AGENCY.—Section 3(a) of the National 21 Child Protection Act of 1993 (42 U.S.C. 5119a(a)) is 22 amended by adding at the end the following: 23 ‘‘(3) In the absence of State procedures referred to 24 in paragraph (1), youth-serving volunteer organizations 25 and institutions may contact an authorized agency of the

•HR 3494 EH 37 1 State to request national criminal fingerprint background 2 checks. Entities requesting background checks under this 3 paragraph shall follow the guidelines in subsection (b) and 4 procedures, if any, for requesting national criminal finger- 5 print background checks established by the State in which 6 they are located.

7 (b) FEDERAL LAW.—Section 3(b)(5) of such Act (42 8 U.S.C. 5119a(b)(5)) is amended by inserting before the 9 period at the end the following: ‘‘, except that this para- 10 graph does not apply to any request by youth-serving vol- 11 unteer organizations and institutions for national criminal 12 fingerprint background checks pursuant to subsection 13 (a)(3)’’.

14 (c) AUTHORIZATION.—Section 4(b)(2) of such Act 15 (42 U.S.C. 5119b(b)(2)) is amended by striking ‘‘1994, 16 1995, 1996, and 1997’’ and inserting ‘‘1999, 2000, 2001, 17 and 2002’’. 18 TITLE VII—MODEL 19 NOTIFICATION

20 SEC. 701. FINDINGS AND SENSE OF THE CONGRESS.

21 (a) FINDINGS.—Congress finds the following: 22 (1) States are now required to release certain 23 relevant information to protect the public from sexu- 24 ally violent offenders.

•HR 3494 EH 38 1 (2) Many States have not established guidelines 2 regarding the notification and release of a sexually 3 violent offender.

4 (b) SENSE OF THE CONGRESS.—It is the sense of 5 the Congress that each State should enact legislation 6 based on the model notification process described in sec- 7 tions 502 through 514.

8 SEC. 702. ESTABLISHMENT OF ADVISORY BOARD FOR RISK

9 ASSESSMENT.

10 (a) ESTABLISHMENT.—The State shall establish an 11 Advisory Board for Risk Assessment (referred to in this 12 title as the ‘‘Board’’) which consists of not less than five 13 members appointed by the Chief Executive Officer of the 14 State.

15 (b) DUTIES.—The Board shall comply with the re- 16 quirements and guidelines established for a State board 17 under section 170101 of the Violent Crime Control and 18 Law Enforcement Act of 1994 and the provisions of this 19 title.

20 (c) MEMBERSHIP.—Each member shall, by experi- 21 ence or training, have a personal interest or professional 22 expertise in law enforcement, crime prevention, victim ad- 23 vocacy, criminology, psychology, parole, public education, 24 or community relations.

•HR 3494 EH 39

1 (d) TERM.—The term of office of each member of 2 such Board shall be determined by the Chief Executive 3 Officer of the State in guidelines issued pursuant to this 4 section.

5 (e) VACANCY.—Any member chosen to fill a vacancy 6 occurring other than by expiration of a term shall be ap- 7 pointed for the remainder of the unexpired term.

8 (f) CHAIRPERSON.—The Chief Executive Officer of 9 the State shall designate one of the members of the Board 10 as chairperson to serve in such capacity at the pleasure 11 of the Officer or until the member’s term of office expires 12 and a successor is designated in accordance with law, 13 whichever occurs first.

14 (g) TERMINATION.—Any member of the Board may 15 be removed by the Chief Executive Officer for cause after 16 an opportunity to be heard.

17 (h) QUORUM.—Except as otherwise provided by law, 18 a majority of the Board shall constitute a quorum for the 19 transaction of all business of the Board.

20 SEC. 703. GUIDELINES FOR TIER DETERMINATION.

21 (a) IN GENERAL.—The Chief Executive Officer of the 22 State or a designee shall develop guidelines and proce- 23 dures for use by the Board to assess the risk of a repeat 24 offense by such sex offender and the threat posed to the

•HR 3494 EH 40 1 public safety. Such guidelines shall be based upon the fol- 2 lowing: 3 (1) Criminal history factors indicative of high 4 risk of repeat offense, including— 5 (A) whether the sex offender has a mental 6 abnormality; 7 (B) whether the sex offender’s conduct was 8 found to be characterized by repetitive and 9 compulsive behavior, associated with drugs or 10 alcohol; 11 (C) whether the sex offender served the 12 maximum term; 13 (D) whether the sex offender committed 14 the felony sex offense against a child; and 15 (E) the age of the sex offender at the time 16 of the commission of the first sex offense. 17 (2) Other factors to be considered in determin- 18 ing risk, including— 19 (A) the relationship between such sex of- 20 fender and the victims; 21 (B) whether the offense involved the use of 22 a weapon, violence, or infliction of serious bod- 23 ily injury; 24 (C) the number, date, and nature of prior 25 offenses;

•HR 3494 EH 41 1 (D) conditions of release that minimize 2 risk of another offense, including whether the 3 sex offender is under supervision, receiving 4 counseling, therapy or treatment, or residing in 5 a home situation that provides guidance and su- 6 pervision; 7 (E) physical conditions that minimize risk 8 of another offense, including advanced age or 9 debilitating illness; 10 (F) whether psychological or psychiatric 11 profiles indicate a risk of recidivism; 12 (G) the sex offender’s response to treat- 13 ment; 14 (H) recent behavior, including behavior 15 while confined; 16 (I) recent threats or gestures against per- 17 sons or expression of intent to commit addi- 18 tional offenses; and 19 (J) review of any victim impact statement.

20 (b) INFORMATION TRANSFER.—

21 (1) IN GENERAL.—Notwithstanding any other 22 provision of law, any State or local correctional facil- 23 ity, hospital, or institution shall forward relevant in- 24 formation pertaining to a sex offender to be dis- 25 charged, paroled, or released to the Board for review

•HR 3494 EH 42 1 prior to the release or discharge for consideration by 2 the Board in its recommendations. Information shall 3 include the commitment file, medical file, and treat- 4 ment file pertaining to such person.

5 (2) CONFIDENTIALITY.—All confidential 6 records provided under paragraph (1) shall remain 7 confidential, unless otherwise ordered by a court, by 8 the lawful custodians of the records, or by another 9 person duly authorized to release such information.

10 SEC. 704. BOARD RECOMMENDATIONS. 11 The Board shall use the guidelines established pursu- 12 ant to section 503(a) to recommend to an appropriate 13 court of the State one of the following 3 levels of notifica- 14 tion:

15 (1) TIER I.—If the risk of a repeat offense is 16 low, a tier 1 designation shall be given to such sex 17 offender. In such case the designated law enforce- 18 ment agency having jurisdiction and the law enforce- 19 ment agency having had jurisdiction at the time of 20 his conviction shall be notified in accordance with 21 section 170101(b)(4) of the Violent Crime Control 22 and Law Enforcement Act of 1994.

23 (2) TIER II.—If the risk of a repeat offense is 24 moderate, a tier 2 designation shall be given to such 25 sex offender. In such case the designated law en-

•HR 3494 EH 43 1 forcement agency having jurisdiction and the law en- 2 forcement agency having had jurisdiction at the time 3 of conviction shall be notified and may notify any 4 victim of the proposed release of such offender and 5 any agency, organization, or group, serving individ- 6 uals who have similar characteristics to the previous 7 victim or victims of such offender. The notification 8 may include the approximate address (by ZIP Code), 9 background information relating to the crime, type 10 of victim targeted, conviction, including release of a 11 photograph of the offender, and any special condi- 12 tions imposed on the offender.

13 (3) TIER III.—If the risk of a repeat offense is 14 high and there exists a threat to the public safety, 15 a tier 3 designation shall be given to such offender. 16 In such case, the appropriate law enforcement agen- 17 cies shall be notified of such an offender’s release 18 and may use the notification procedures described in 19 paragraph (2), except that a precise address may be 20 released and any relevant information necessary to 21 protect the public concerning a specific person re- 22 quired to register under section 170101 of the Vio- 23 lent Crime Control and Law Enforcement Act of 24 1994 shall be released.

•HR 3494 EH 44 1 SEC. 705. JUDICIAL DETERMINATION.

2 (a) NOTIFICATION LEVEL.—

3 (1) IN GENERAL.—An appropriate court of the 4 State also shall make a determination with respect 5 to the level of notification, after receiving a tier rec- 6 ommendation from the Board. In making the deter- 7 mination, the court shall review any statement by a 8 victim or victims and any materials submitted by the 9 sex offender. The court shall also allow the sex of- 10 fender to appear and be heard, and inform the sex 11 offender of the right to have counsel appointed if 12 necessary.

13 (2) APPEAL.—A sex offender may appeal a de- 14 termination made by the court made under para- 15 graph (1) in accordance with State law.

16 (3) NOTIFICATION AND REGISTRATION.—The 17 filing of the appeal shall not stay the designated law 18 enforcement agency’s notification actions unless the 19 court orders otherwise. Such petition, if granted, 20 shall not relieve the petitioner of the duty to register 21 pursuant to section 170101 of the Violent Crime 22 Control and Law Enforcement Act of 1994 upon 23 conviction of an offense requiring registration in the 24 future.

•HR 3494 EH 45

1 (b) REVERSAL.—Upon the reversal of a conviction of 2 a sexual offense, the court shall order the expungement 3 of any records required to be kept pursuant to this title.

4 SEC. 706. PENALTY FOR MISUSE OF REGISTRATION INFOR-

5 MATION.

6 (a) FINE.—Any person who uses information dis- 7 closed pursuant to this title in violation of the law shall 8 be fined under title 18, United States Code, or imprisoned 9 for not more than 5 years, or both.

10 (b) CIVIL ACTION.—The State attorney general, a 11 district attorney, or any person aggrieved by information 12 disclosed in violation of the law is authorized to bring a 13 civil action in the appropriate court requesting preventive 14 relief, including an application for a permanent or tem- 15 porary injunction, restraining order, or other order 16 against the person or group of persons responsible for 17 such action.

18 (c) ADDITIONAL REMEDIES.—The foregoing rem- 19 edies shall be independent of any other remedies or proce- 20 dures that may be available to an aggrieved party under 21 other provisions of law.

22 SEC. 707. JUVENILE OFFENDERS.

23 (a) IN GENERAL.—A juvenile residing in a State who 24 has been adjudicated delinquent for any sex offense or at- 25 tempted sex offense, or who has been convicted of any sex

•HR 3494 EH 46 1 offense or attempted sex offense, or who has been acquit- 2 ted by reason of insanity for any sex offense or attempted 3 sex offense shall be required to comply with the registra- 4 tion requirements established pursuant to section 170101 5 of the Violent Crime Control and Law Enforcement Act 6 of 1994.

7 (b) YOUTH FACILITY.—Any person who is discharged 8 or paroled from a facility in another State that is equiva- 9 lent to a Department of the Youth Authority to the cus- 10 tody of such a facility because of the commission or at- 11 tempted commission of specified sex offenses, is required 12 to register pursuant to section 170101 of the Violent 13 Crime Control and Law Enforcement Act of 1994.

14 SEC. 708. OFFICIAL IMMUNITY FROM LIABILITY.

15 (a) IMMUNITY.—No official, employee, or agency, 16 whether public or private, shall be subject to any civil or 17 criminal liability for damages for any discretionary deci- 18 sion to release relevant and necessary information pursu- 19 ant to this section, unless it is shown that such official, 20 employee, or agency acted with gross negligence or in bad 21 faith.

22 (b) INFORMATION RELEASE.—The immunity pro- 23 vided under this section applies to the release of relevant 24 information to other employees or officials or to the gen- 25 eral public.

•HR 3494 EH 47

1 (c) FAILURE TO RELEASE INFORMATION.—Nothing 2 in this section shall be deemed to impose any civil or crimi- 3 nal liability upon or to give rise to a cause of action 4 against any official, employee, or agency, whether public 5 or private, for failing to release information as authorized 6 in this title unless it is shown that such official, employee, 7 or agency acted with gross negligence or in bad faith.

8 SEC. 709. IDENTITY OF THE VICTIM. 9 Any information identifying the victim by name, birth 10 date, address, or relation to the registrant shall be ex- 11 cluded from public access or dissemination.

12 SEC. 710. GENERAL STATE REQUIREMENTS. 13 The Chief Executive Officer of a State or designee 14 shall establish reasonable notification requirements under 15 this title, including notification to an offender of any pro- 16 cedures for which the offender is required or is permitted 17 to participate, including the hearing process, appeal 18 rights, and submission of information to the Board.

19 SEC. 711. ADVISORY COUNCIL FOR COMMUNITY EDU-

20 CATION.

21 (a) IN GENERAL.—The Chief Executive Officer of a 22 State shall appoint a voluntary advisory council to design 23 a policy to assist communities in which a sex offender re- 24 sides to plan and prepare for such a resident.

•HR 3494 EH 48

1 (b) COMPOSITION.—Each such advisory council shall 2 include representation from— 3 (1) law enforcement; 4 (2) law enforcement organizations; 5 (3) local corrections agencies; 6 (4) victims groups; and 7 (5) other interested members of the public.

8 (c) DUTIES.—In developing a policy pursuant to sub- 9 section (a), an advisory council should make recommenda- 10 tions that include— 11 (1) the method of distributing community noti- 12 fication information; 13 (2) methods of educating community residents 14 at public meetings on how they can use such infor- 15 mation to enhance their safety and the safety of 16 their family; 17 (3) procedures for ensuring that community 18 members are educated regarding the right of the sex 19 offender not to be subjected to harassment or crimi- 20 nal acts; and 21 (4) other matters the council considers nec- 22 essary to ensure the effective and fair administration 23 of the community notification law.

•HR 3494 EH 49 1 SEC. 712. EXPUNGEMENT OF OUTDATED INFORMATION. 2 In accordance with section 170101 of the Violent 3 Crime Control and Law Enforcement Act of 1994, the de- 4 partment required to coordinate the sex offender registra- 5 tion program shall compile and update information re- 6 garding the offenders. Any offender whose duty to register 7 has expired or who has been relieved of the duty to register 8 shall be removed from any public database.

9 SEC. 713. EXCEPTIONAL CIRCUMSTANCES. 10 Nothing in this title shall be construed to prevent law 11 enforcement officers from notifying members of the public 12 of individuals that pose a danger under circumstances that 13 are not described in section 170101 of the Violent Crime 14 Control and Law Enforcement Act of 1994 or under this 15 title.

16 SEC. 714. DEFINITIONS. 17 For purposes of this title: 18 (1) The term ‘‘criminal offense against a victim 19 who is a minor’’ means any criminal offense that 20 consists of— 21 (A) kidnapping of a minor, except by a 22 parent; 23 (B) false imprisonment of a minor, except 24 by a parent; 25 (C) criminal sexual conduct toward a 26 minor;

•HR 3494 EH 50 1 (D) solicitation of a minor to engage in 2 sexual conduct; 3 (E) use of a minor in a sexual perform- 4 ance; 5 (F) solicitation of a minor to practice pros- 6 titution; 7 (G) any conduct that by its nature is a 8 sexual offense against a minor; and 9 (H) an attempt to commit an offense de- 10 scribed in any of subparagraphs (A) through 11 (H) if the State— 12 (i) makes such an attempt a criminal 13 offense; or 14 (ii) chooses to include such an offense 15 in those which are criminal offenses 16 against a victim who is a minor for pur- 17 poses of this section. 18 For purposes of this paragraph, conduct which is 19 criminal only because of the age of the victim shall 20 not be considered a criminal offense if the perpetra- 21 tor is 18 years of age or younger. 22 (2) The term ‘‘sexually violent offense’’ means 23 any criminal offense that consists of aggravated sex- 24 ual abuse or sexual abuse (as described in sections 25 2241 and 2242 of title 18, United States Code, or

•HR 3494 EH 51 1 as described in the State criminal code) or an of- 2 fense that has as its elements engaging in physical 3 contact with another person with intent to commit 4 aggravated sexual abuse or sexual abuse (as de- 5 scribed in such sections of title 18, United States 6 Code, or as described in the State criminal code). 7 (3) The term ‘‘mental abnormality’’ means a 8 congenital or acquired condition of a person that af- 9 fects the emotional or volitional capacity of the per- 10 son in a manner that predisposes that person to the 11 commission of criminal sexual acts to a degree that 12 makes the person a menace to the health and safety 13 of other persons. 14 (4) The term ‘‘predatory’’ means an act di- 15 rected at a stranger, or a person with whom a rela- 16 tionship has been established or promoted for the 17 primary purpose of victimization. 18 Any offense committed in another State, which if commit- 19 ted in the State at issue would be one of the above enu- 20 merated offenses, is considered a sexual offense for the 21 purposes of this title. 22 (5) The term ‘‘juvenile’’ has the meaning given 23 such term under State law.

•HR 3494 EH 52 1 TITLE VIII—CHILD HOSTAGE- 2 TAKING TO EVADE ARREST 3 OR OBSTRUCT JUSTICE

4 SEC. 801. CHILD HOSTAGE-TAKING TO EVADE ARREST OR

5 OBSTRUCT JUSTICE.

6 (a) IN GENERAL.—Chapter 55 of title 18, United 7 States Code, is amended by adding at the end the follow- 8 ing new section:

9 ‘‘§ 1205. Child hostage-taking to evade arrest or ob-

10 struct justice

11 ‘‘(a) IN GENERAL.—Whoever uses force or threatens 12 to use force against any officer or agency of the Federal 13 Government, and seizes or detains, or continues to detain, 14 a child in order to— 15 ‘‘(1) obstruct, resist, or oppose any officer of 16 the United States, or other person duly authorized, 17 in serving, or attempting to serve or execute, any 18 legal or judicial writ, process, or warrant of any 19 court of the United States; or 20 ‘‘(2) compel any department or agency of the 21 Federal Government to do or to abstain from doing 22 any act, 23 or attempts to do so, shall be punished in accordance with 24 subsection (b).

•HR 3494 EH 53

1 ‘‘(b) SENTENCING.—Any person who violates sub- 2 section (a)— 3 ‘‘(1) shall be imprisoned not less than 10 years 4 and not more than 25 years; 5 ‘‘(2) if injury results to the child as a result of 6 the violation, shall be imprisoned not less than 20 7 years and not more than 35 years; and 8 ‘‘(3) if death results to the child as a result of 9 the violation, shall be subject to the penalty of death 10 or be imprisoned for life.

11 ‘‘(c) DEFINITION.—For purposes of this section, the 12 term ‘child’ means an individual who has not attained the 13 age of 18 years.’’.

14 (b) CLERICAL AMENDMENT.—The table of sections 15 for chapter 55 of title 18, United States Code, is amended 16 by adding at the end the following new item:

‘‘1205. Child hostage-taking to evade arrest or obstruct justice.’’. 17 TITLE IX—CONTINUING THE 18 COMMITMENT OF THE VIO- 19 LENCE AGAINST WOMEN ACT 20 Subtitle A—Law Enforcement and 21 Prosecution Grants To Combat 22 Violence Against Women

23 SEC. 901. PURPOSE OF THE PROGRAM AND GRANTS.

24 (a) GENERAL PROGRAM PURPOSE.—The purpose of 25 this subtitle is to assist States, Indian tribal governments,

•HR 3494 EH 54 1 and units of local government to develop and strengthen 2 effective law enforcement and prosecution strategies to 3 combat violent crimes against women.

4 (b) PURPOSES FOR WHICH GRANTS MAY BE

5 USED.—Grants under this subtitle shall provide person- 6 nel, training, technical assistance, data collection and 7 other equipment for the more widespread apprehension, 8 prosecution, and adjudication of persons committing vio- 9 lent crimes against women, and specifically, for the pur- 10 poses of— 11 (1) training law enforcement officers and pros- 12 ecutors to more effectively identify and respond to 13 violent crimes against women, including the crimes 14 of sexual assault and domestic violence; 15 (2) developing, training, or expanding units of 16 law enforcement officers and prosecutors specifically 17 targeting violent crimes against women, including 18 the crimes of sexual assault and domestic violence; 19 (3) developing and implementing more effective 20 police and prosecution policies, protocols, orders, and 21 services specifically devoted to preventing, identify- 22 ing, and responding to violent crimes against 23 women, including the crimes of sexual assault and 24 domestic violence;

•HR 3494 EH 55 1 (4) developing, installing, or expanding data 2 collection and communication systems, including 3 computerized systems, linking police, prosecutors, 4 and courts or for the purpose of identifying and 5 tracking arrests, protection orders, violations of pro- 6 tection orders, prosecutions, and convictions for vio- 7 lent crimes against women, including the crimes of 8 sexual assault and domestic violence; 9 (5) developing, enlarging, or strengthening pro- 10 grams addressing stalking; 11 (6) developing, enlarging, or strengthening pro- 12 grams addressing the needs and circumstances of 13 Indian tribes in dealing with violent crimes against 14 women, including the crimes of sexual assault and 15 domestic violence; and 16 (7) developing, enlarging, or strengthening 17 State court programs, including training for State, 18 local, and tribal judges and court personnel, address- 19 ing violent crimes against women, including sexual 20 assault, domestic violence, and stalking.

21 SEC. 902. STATE GRANTS.

22 (a) GENERAL GRANTS.—The Attorney General may 23 make grants to States, for use by States, units of local 24 government, and Indian tribal governments for the pur- 25 poses described in section 501(b).

•HR 3494 EH 56

1 (b) AMOUNTS.—Of the amounts appropriated for the 2 purposes of this subtitle— 3 (1) 4 percent shall be available for grants to In- 4 dian tribal governments; 5 (2) $500,000 shall be available for grants to 6 applicants in each State; and 7 (3) the remaining funds shall be available for 8 grants to applicants in each State in an amount that 9 bears the same ratio to the amount of remaining 10 funds as the population of the State bears to the 11 population of all of the States that results from a 12 distribution among the States on the basis of each 13 State’s population in relation to the population of all 14 States (not including populations of Indian tribes).

15 (c) QUALIFICATION.—Upon satisfying the terms of 16 subsection (d), any State shall be qualified for funds pro- 17 vided under this subtitle upon certification that— 18 (1) the funds shall be used for any of the pur- 19 poses described in section 501(b); 20 (2) grantees and subgrantees shall develop a 21 plan for implementation and shall consult and co- 22 ordinate with nonprofit, nongovernmental victim 23 services programs, including sexual assault and do- 24 mestic violence victim services programs;

•HR 3494 EH 57 1 (3) up to 30 percent shall be allocated to law 2 enforcement, up to 30 percent to prosecution grants, 3 and at least 10 percent to State court systems; and 4 (4) any Federal funds received under this sub- 5 title shall be used to supplement, not supplant, non- 6 Federal funds that would otherwise be available for 7 activities funded under this subtitle.

8 (d) APPLICATION REQUIREMENTS.—Each applica- 9 tion shall include the certifications of qualification re- 10 quired by subsection (c). An application shall include— 11 (1) documentation from the prosecution and 12 law enforcement programs to be assisted, dem- 13 onstrating— 14 (A) need for the grant funds; 15 (B) intended use of the grant funds; 16 (C) expected results from the use of grant 17 funds; and 18 (D) demographic characteristics of the 19 populations to be served, including age, marital 20 status, disability, race, ethnicity, and language 21 background; 22 (2) proof of compliance with the requirements 23 for the payment of forensic medical exams provided 24 in section 505; and

•HR 3494 EH 58 1 (3) proof of compliance with the requirements 2 for paying filing and service fees for domestic vio- 3 lence cases provided in section 506.

4 (e) DISBURSEMENT.—

5 (1) IN GENERAL.—Not later than 60 days after 6 the receipt of an application under this subtitle, the 7 Attorney General shall— 8 (A) disburse the appropriate sums pro- 9 vided for under this subtitle; or 10 (B) inform the applicant why the applica- 11 tion does not conform to the requirements of 12 this section.

13 (2) REGULATIONS.—In disbursing monies 14 under this subtitle, the Attorney General shall issue 15 regulations to ensure that States will— 16 (A) give priority to areas of varying geo- 17 graphic size with the greatest showing of need 18 based on the availability of existing domestic vi- 19 olence and sexual assault programs in the popu- 20 lation and geographic area to be served in rela- 21 tion to the availability of such programs in 22 other such populations and geographic areas; 23 (B) determine the amount of subgrants 24 based on the population and geographic area to 25 be served;

•HR 3494 EH 59 1 (C) equitably distribute monies on a geo- 2 graphic basis including nonurban and rural 3 areas of various geographic sizes; 4 (D) recognize and address the needs of un- 5 derserved populations; and 6 (E)(i) if, at the end of the 9th month of 7 any fiscal year for which funds are appropriated 8 under section 507, the amounts made available 9 are unspent or unobligated, such unspent or un- 10 obligated funds shall be reallotted to the cur- 11 rent fiscal year recipients in the victim services 12 area pursuant to section 502(c)(3)) propor- 13 tionate to their original allotment for the cur- 14 rent fiscal year; and 15 (ii) for the first 2 fiscal years following the 16 effective date of this Act, the Attorney General 17 may waive the qualification requirements of sec- 18 tion 502(c), at the request of the State and 19 with the support of law enforcement and pros- 20 ecution grantees currently funded under this 21 section, if the reallocation of funds among law 22 enforcement, prosecution, victims’ services, and 23 State court systems mandated by this subtitle 24 adversely impacts victims of sexual assault, do- 25 mestic violence, and stalking, due to the reduc-

•HR 3494 EH 60 1 tion of funds to programs and services funded 2 under this section in the prior fiscal year.

3 (f) FEDERAL SHARE.—The Federal share of a grant 4 made under this subtitle may not exceed 75 percent of 5 the total costs of the projects described in the application 6 submitted.

7 (g) INDIAN TRIBES.—Funds appropriated by the 8 Congress for the activities of any agency of an Indian trib- 9 al government or of the Bureau of Indian Affairs perform- 10 ing law enforcement functions on any Indian lands may 11 be used to provide the non-Federal share of the cost of 12 programs or projects funded under this subtitle.

13 (h) GRANTEE REPORTING.—

14 (1) IN GENERAL.—Upon completion of the 15 grant period under this subtitle, a State or Indian 16 tribal grantee shall file a performance report with 17 the Attorney General explaining the activities carried 18 out, which report shall include an assessment of the 19 effectiveness of those activities in achieving the pur- 20 poses of this subtitle.

21 (2) CERTIFICATION BY GRANTEE AND SUB-

22 GRANTEES.—A section of the performance report 23 shall be completed by each grantee and subgrantee 24 that performed the direct services contemplated in

•HR 3494 EH 61 1 the application, certifying performance of direct 2 services under the grant.

3 (3) SUSPENSION OF FUNDING.—The Attorney 4 General shall suspend funding for an approved ap- 5 plication if— 6 (A) an applicant fails to submit an annual 7 performance report; 8 (B) funds are expended for purposes other 9 than those described in this subtitle; or 10 (C) a report under paragraph (1) or ac- 11 companying assessments demonstrate to the At- 12 torney General that the program is ineffective 13 or financially unsound. 14 (D) for failure to provide documentation, 15 including memoranda of understanding, con- 16 tract, or other document of any collaborative ef- 17 forts with other agencies or organizations.

18 SEC. 903. DEFINITIONS. 19 In this subtitle— 20 (1) the term ‘‘domestic violence’’ includes felony 21 or misdemeanor crimes of violence committed by a 22 current or former spouse of the victim, by a person 23 with whom the victim shares a child in common, by 24 a person who is cohabitating with or has cohabitated 25 with the victim as a spouse, by a person similarly

•HR 3494 EH 62 1 situated to a spouse of the victim under the domestic 2 or family violence laws of the jurisdiction receiving 3 grant monies, or by any other adult person against 4 a victim who is protected from that person’s acts 5 under the domestic or family violence laws of the ju- 6 risdiction receiving grant monies; 7 (2) the term ‘‘Indian country’’ has the meaning 8 stated in section 1151 of title 18, United States 9 Code; 10 (3) the term ‘‘Indian tribe’’ means a tribe, 11 band, pueblo, nation, or other organized group or 12 community of Indians, including any Alaska Native 13 village or regional or village corporation (as defined 14 in, or established pursuant to, the Alaska Native 15 Claims Settlement Act (43 U.S.C. 1601 et seq.)), 16 that is recognized as eligible for the special pro- 17 grams and services provided by the United States to 18 Indians because of their status as Indians; 19 (4) the term ‘‘law enforcement’’ means a public 20 agency charged with policing functions, including 21 any of its component bureaus (such as governmental 22 victim services programs); 23 (5) the term ‘‘prosecution’’ means any public 24 agency charged with direct responsibility for pros- 25 ecuting criminal offenders, including such agency’s

•HR 3494 EH 63 1 component bureaus (such as governmental victim 2 services programs); 3 (6) the term ‘‘sexual assault’’ means any con- 4 duct proscribed by chapter 109A of title 18, United 5 States Code, whether or not the conduct occurs in 6 the special maritime and territorial jurisdiction of 7 the United States or in a Federal prison and in- 8 cludes both assaults committed by offenders who are 9 strangers to the victim and assaults committed by 10 offenders who are known or related by blood or mar- 11 riage to the victim; and 12 (7) the term ‘‘underserved populations’’ in- 13 cludes populations underserved because of geo- 14 graphic location (such as rural isolation), under- 15 served racial or ethnic populations, and populations 16 underserved because of special needs, such as lan- 17 guage barriers or physical disabilities.

18 SEC. 904. GENERAL TERMS AND CONDITIONS.

19 (a) NONMONETARY ASSISTANCE.—In addition to the 20 assistance provided under this subtitle, the Attorney Gen- 21 eral may request any Federal agency to use its authorities 22 and the resources granted to it under Federal law (includ- 23 ing personnel, equipment, supplies, facilities, and manage- 24 rial, technical, and advisory services) in support of State, 25 tribal, and local assistance efforts.

•HR 3494 EH 64

1 (b) REPORTING.—Not later than 180 days after the 2 end of each fiscal year for which grants are made under 3 this subtitle, the Attorney General shall submit to the 4 Committee on the Judiciary of the House of Representa- 5 tives and the Committee on the Judiciary of the Senate 6 a report that includes, for each State and for each grantee 7 Indian tribe— 8 (1) the number of grants made and funds dis- 9 tributed under this subtitle; 10 (2) a summary of the purposes for which those 11 grants were provided and an evaluation of their 12 progress; 13 (3) a statistical summary of persons served, de- 14 tailing the nature of victimization, and providing 15 data on age, sex, relationship of victim to offender, 16 geographic distribution, race, ethnicity, language, 17 and disability; and 18 (4) an evaluation of the effectiveness of pro- 19 grams funded under this subtitle.

20 (c) REGULATIONS OR GUIDELINES.—Not later than 21 120 days after the date of enactment of this subtitle, the 22 Attorney General shall publish proposed regulations or 23 guidelines implementing this subtitle. Not later than 180 24 days after the date of enactment, the Attorney General

•HR 3494 EH 65 1 shall publish final regulations or guidelines implementing 2 this subtitle.

3 SEC. 905. RAPE EXAM PAYMENTS.

4 (a) RESTRICTION OF FUNDS.—

5 (1) IN GENERAL.—A State, Indian tribal gov- 6 ernment, or unit of local government, shall not be 7 entitled to funds under this subtitle unless the State, 8 Indian tribal government, unit of local government, 9 or another governmental entity incurs the full out- 10 of-pocket cost of forensic medical exams described in 11 subsection (b) for victims of sexual assault.

12 (2) REDISTRIBUTION.—Funds withheld from a 13 State or unit of local government under paragraph 14 (1) shall be distributed to other States or units of 15 local government pro rata. Funds withheld from an 16 Indian tribal government under paragraph (1) shall 17 be distributed to other Indian tribal governments 18 pro rata.

19 (b) MEDICAL COSTS.—A State, Indian tribal govern- 20 ment, or unit of local government shall be deemed to incur 21 the full out-of-pocket cost of forensic medical exams for 22 victims of sexual assault if any government entity— 23 (1) provides such exams to victims free of 24 charge to the victim;

•HR 3494 EH 66 1 (2) arranges for victims to obtain such exams 2 free of charge to the victims; or 3 (3) reimburses victims for the cost of such 4 exams if— 5 (A) the reimbursement covers the full cost 6 of such exams, without any deductible require- 7 ment or limit on the amount of a reimburse- 8 ment; 9 (B) the reimbursing governmental entity 10 permits victims to apply for reimbursement for 11 not less than one year from the date of the 12 exam; 13 (C) the reimbursing governmental entity 14 provides reimbursement not later than 90 days 15 after written notification of the victim’s ex- 16 pense; and 17 (D) the State, Indian tribal government, 18 unit of local government, or reimbursing gov- 19 ernmental entity provides information at the 20 time of the exam to all victims, including vic- 21 tims with limited or no English proficiency, re- 22 garding how to obtain reimbursement.

23 SEC. 906. FILING COSTS FOR CRIMINAL CHARGES.

24 (a) IN GENERAL.—A State, Indian tribal govern- 25 ment, or unit of local government, shall not be entitled

•HR 3494 EH 67 1 to funds under this subtitle unless the State, Indian tribal 2 government, or unit of local government— 3 (1) certifies that its laws, policies, and practices 4 do not require, in connection with the prosecution of 5 any misdemeanor or felony domestic violence of- 6 fense, that the abused bear the costs associated with 7 the filing of criminal charges against the domestic 8 violence offender, or the costs associated with the 9 issuance or service of a warrant, protection order, or 10 witness subpoena; or 11 (2) gives the Attorney General assurances that 12 its laws, policies and practices will be in compliance 13 with the requirements of paragraph (1) within the 14 later of— 15 (A) the period ending on the date on which 16 the next session of the State legislature ends; or 17 (B) two years.

18 (b) REDISTRIBUTION.—Funds withheld from a State, 19 unit of local government, or Indian tribal government 20 under subsection (a) shall be distributed to other States, 21 units of local government, and Indian tribal government, 22 respectively, pro rata.

•HR 3494 EH 68 1 SEC. 907. AUTHORIZATION OF APPROPRIATIONS. 2 There are authorized to be appropriated to carry out 3 this subtitle $185,000,000 for each of fiscal years 2001, 4 2002, and 2003. 5 Subtitle B—Grants to Encourage 6 Arrest Policies

7 SEC. 911. PROGRAM AUTHORIZED.

8 (a) PURPOSE.—The purpose of this subtitle is to en- 9 courage States, Indian tribal governments, and units of 10 local government to treat domestic violence as a serious 11 violation of criminal law.

12 (b) GRANT AUTHORITY.—The Attorney General may 13 make grants to eligible States, Indian tribal governments, 14 or units of local government for the following purposes: 15 (1) To implement mandatory arrest or 16 proarrest programs and policies in police depart- 17 ments, including mandatory arrest programs and 18 policies for protection order violations. 19 (2) To develop policies and training in police 20 departments to improve tracking of cases involving 21 domestic violence. 22 (3) To centralize and coordinate police enforce- 23 ment, prosecution, or judicial responsibility for do- 24 mestic violence cases in groups or units of police of- 25 ficers, prosecutors, or judges.

•HR 3494 EH 69 1 (4) To coordinate computer tracking systems to 2 ensure communication between police, prosecutors, 3 and both criminal and family courts. 4 (5) To educate judges in criminal and other 5 courts about domestic violence and to improve judi- 6 cial handling of such cases.

7 (c) ELIGIBILITY.—Eligible grantees are States, In- 8 dian tribal governments, or units of local government 9 that— 10 (1) certify that their laws or official policies— 11 (A) encourage or mandate arrests of do- 12 mestic violence offenders based on probable 13 cause that an offense has been committed; and 14 (B) encourage or mandate arrest of domes- 15 tic violence offenders who violate the terms of 16 a valid and outstanding protection order; 17 (2) demonstrate that their laws, policies, or 18 practices and their training programs discourage 19 dual arrests of offender and victim; 20 (3) certify that their laws, policies, or practices 21 prohibit issuance of mutual restraining orders of 22 protection except in cases where both spouses file a 23 claim and the court makes detailed findings of fact 24 indicating that both spouses acted primarily as ag-

•HR 3494 EH 70 1 gressors and that neither spouse acted primarily in 2 self-defense; and 3 (4) certify that their laws, policies, or practices 4 do not require, in connection with the prosecution of 5 any misdemeanor or felony domestic violence of- 6 fense, that the abused bear the costs associated with 7 the filing of criminal charges or the service of such 8 charges on an abuser, or that the abused bear the 9 costs associated with the issuance or service of a 10 warrant, protection order, or witness subpoena.

11 SEC. 912. APPLICATIONS.

12 (a) APPLICATION.—An eligible grantee shall submit 13 an application to the Attorney General that— 14 (1) contains a certification by the chief execu- 15 tive officer of the State, Indian tribal government, or 16 local government entity that the conditions of section 17 511(c) are met or will be met within the later of— 18 (A) the period ending on the date on which 19 the next session of the State or Indian tribal 20 legislature ends; or 21 (B) two years of the date of enactment of 22 this Act; 23 (2) describes plans to further the purposes stat- 24 ed in section 511(a);

•HR 3494 EH 71 1 (3) identifies the agency or office or groups of 2 agencies or offices responsible for carrying out the 3 program; and 4 (4) includes documentation from nonprofit, pri- 5 vate sexual assault and domestic violence programs 6 demonstrating their participation in developing the 7 application, and identifying such programs in which 8 such groups will be consulted for development and 9 implementation.

10 (b) PRIORITY.—In awarding grants under this sub- 11 title, the Attorney General shall give priority to applicants 12 that— 13 (1) do not currently provide for centralized han- 14 dling of cases involving domestic violence by police, 15 prosecutors, and courts; and 16 (2) demonstrate a commitment to strong en- 17 forcement of laws, and prosecution of cases, involv- 18 ing domestic violence.

19 SEC. 913. REPORTS. 20 Each grantee receiving funds under this subtitle shall 21 submit a report to the Attorney General evaluating the 22 effectiveness of projects developed with funds provided 23 under this subtitle and containing such additional infor- 24 mation as the Attorney General may prescribe.

•HR 3494 EH 72 1 SEC. 914. REGULATIONS OR GUIDELINES. 2 Not later than 120 days after the date of enactment 3 of this Act, the Attorney General shall publish proposed 4 regulations or guidelines implementing this subtitle. Not 5 later than 180 days after the date of enactment of this 6 Act, the Attorney General shall publish final regulations 7 or guidelines implementing this subtitle.

8 SEC. 915. DEFINITIONS. 9 For purposes of this subtitle— 10 (1) the term ‘‘domestic violence’’ includes acts 11 or threats of violence, not including acts of self-de- 12 fense, committed by a current or former spouse of 13 the victim, by a person with whom the victim shares 14 a child in common, by a person who is cohabitating 15 with or has cohabitated with the victim, by a person 16 who is or has been in a continuing social relationship 17 of a romantic or intimate nature with the victim, by 18 a person similarly situated to a spouse of the victim 19 under the domestic or family violence laws of the ju- 20 risdiction, or by any other person against a victim 21 who is protected from that person’s acts under the 22 domestic or family violence laws of the jurisdiction; 23 and 24 (2) the term ‘‘protection order’’ includes any in- 25 junction issued for the purpose of preventing violent 26 or threatening acts of domestic violence, including

•HR 3494 EH 73 1 temporary and final orders issued by civil or crimi- 2 nal courts (other than support or child custody or- 3 ders or provisions) whether obtained by filing an 4 independent action or as a pendente lite order in an- 5 other proceeding.

6 SEC. 916. AUTHORIZATION OF APPROPRIATIONS. 7 There are authorized to be appropriated to carry out 8 this subtitle— 9 (1) $63,000,000 for fiscal year 1999; 10 (2) $67,000,000 for fiscal year 2000; 11 (3) $70,000,000 for fiscal year 2001; 12 (4) $70,000,000 for fiscal year 2002; and 13 (5) $70,000,000 for fiscal year 2003. 14 TITLE X—LIMITING THE EF- 15 FECTS OF VIOLENCE ON 16 CHILDREN

17 SEC. 1001. DEFENSE TO CRIMINAL CUSTODIAL INTER-

18 FERENCE OR PARENTAL ABDUCTION

19 CHARGE. 20 Section 1073 of title 18, United States Code, is 21 amended by striking ‘‘Whoever moves’’ and inserting ‘‘(a) 22 Whoever moves’’ and by adding at the end the following: 23 ‘‘(b) For any charge of parental abduction, of custo- 24 dial interference, or of felony criminal contempt of court 25 related to an underlying child custody or visitation deter-

•HR 3494 EH 74 1 mination, that would otherwise provide a basis for pros- 2 ecution under this section, it shall be a defense to such 3 prosecution that the individual against whom this section 4 is invoked— 5 ‘‘(1) acted pursuant to the provisions of a court 6 order valid when and where issued— 7 ‘‘(A) which granted the defendant legal 8 custody or visitation rights; 9 ‘‘(B) which was obtained in compliance 10 with section 1738A of title 28; 11 ‘‘(C) which is not inconsistent with such 12 section or with the Uniform Child Custody Ju- 13 risdiction Enforcement Act as promulgated by 14 the Uniform Law Commissioners; and 15 ‘‘(D) which was in effect at the time the 16 defendant left the State; 17 ‘‘(2) was fleeing an incident or pattern of do- 18 mestic violence or sexual assault of the child, which 19 had been previously reported to law enforcement au- 20 thorities; or 21 ‘‘(3) would otherwise have a defense under the 22 terms of the International Parental Kidnapping Pre- 23 vention Act (18 U.S.C. 1204). 24 ‘‘(c) The Attorney General shall issue guidance to as- 25 sist the United States Attorneys and the Federal Bureau

•HR 3494 EH 75 1 of Investigation in determining when to decline to initiate 2 or to terminate an investigation or prosecution under sub- 3 section (b) due to the potential availability of any de- 4 fense.’’.

5 SEC. 1002. FULL FAITH AND CREDIT GIVEN TO CHILD CUS-

6 TODY DETERMINATIONS.

7 (a) SECTION INTENT.—Section 1738A(a) of title 28, 8 United States Code, is amended by adding at the end the 9 following: ‘‘This section is intended to preempt any incon- 10 sistent State law and to apply to every proceeding in the 11 United States or its territories that is not governed by 12 inconsistent aspects of any treaty to which the United 13 States Government is a signatory or has ratified that in- 14 volves custody and visitation concerning a minor child. 15 Any provisions of a protection order regarding the custody 16 and visitation of a minor child, whether consensual or not, 17 otherwise consistent with section 2265 of title 18 and with 18 this section shall be given full faith and credit by the 19 courts of any State where the party who sought the order 20 seeks enforcement.’’.

21 (b) DEFINITIONS.—Section 1738A(b) of such title is 22 amended— 23 (1) by inserting after paragraph (3) the follow- 24 ing:

•HR 3494 EH 76 1 ‘‘(4) ‘domestic violence’ includes acts or threats 2 of violence, not including acts of self defense, com- 3 mitted by a current or former spouse of the victim, 4 by a person with whom the victim shares a child in 5 common, by a person who is cohabitating with or 6 has cohabitated with the victim, by a person who is 7 or has been in a continuing social relationship of a 8 romantic or intimate nature with the victim, by a 9 person similarly situated to a spouse of the victim 10 under the domestic or family violence laws of the ju- 11 risdiction, or by any other person against a victim 12 who is protected from that person’s acts under the 13 domestic or family violence laws of the jurisdiction; 14 ‘‘(5) ‘sexual assault’ means any conduct pro- 15 scribed by chapter 109A of title 18, United States 16 Code, whether or not the conduct occurs in the spe- 17 cial maritime and territorial jurisdiction of the 18 United States or in a Federal prison and includes 19 both assaults committed by offenders who are 20 strangers to the victim and assaults committed by 21 offenders who are known to the victim or related by 22 blood or marriage to the victim;’’; 23 (2) by redesignating paragraphs (4), (5), and 24 (6) as paragraphs (6), (7), and (8), respectively;

•HR 3494 EH 77 1 (3) by redesignating paragraph (7) as para- 2 graph (9) and by striking ‘‘and’’ after the semicolon; 3 (4) by inserting after paragraph (9) (as so re- 4 designated) the following: 5 ‘‘(10) ‘predominant aggressor’ means the indi- 6 vidual who has been determined to be the principal 7 perpetrator of violence, by factors including— 8 ‘‘(A) history of domestic violence; 9 ‘‘(B) relative severity of the injuries in- 10 flicted on each person; 11 ‘‘(C) the likelihood of future injury to each 12 person; 13 ‘‘(D) whether one of the persons acted in 14 self-defense; and 15 ‘‘(E) the degree to which one of the per- 16 sons has acted with more deliberate intent to 17 control, isolate, intimidate, emotionally demean, 18 or cause severe pain or injury, or fear of harm 19 to the other or a third person’’; and 20 (5) by redesignating paragraph (8) as para- 21 graph (11).

22 (c) CONDITION FOR CUSTODY DETERMINATION.— 23 Section 1738A(c)(2)(C) of such title is amended— 24 (1) by striking ‘‘he’’ and inserting ‘‘the child, or 25 a sibling or parent of the child,’’; and

•HR 3494 EH 78 1 (2) by inserting ‘‘, including acts of domestic vi- 2 olence by the other parent’’ after ‘‘abuse’’.

3 (d) JURISDICTION.—Section 1738A(d) of such title 4 is amended by inserting before the period at the end the 5 following: ‘‘, except that after 2 years have passed while 6 a child is living in another State after relocation due to 7 domestic violence or sexual assault of the child, the court 8 of the original State shall decline jurisdiction provided 9 that the courts of the new State would have personal juris- 10 diction over the other parent under that State’s law’’.

11 (e) CHILD CUSTODY DETERMINATIONS.—Section 12 1738A of such title is amended by adding at the end the 13 following: 14 ‘‘(h) A court may decline to exercise jurisdiction on 15 behalf of a parent who has engaged in domestic violence 16 as a predominant aggressor, if a court of another State 17 has emergency jurisdiction under subsection (c)(2)(C)(ii). 18 A court may decline to exercise jurisdiction on behalf of 19 a parent who has wrongfully taken the child from a State 20 without justification, or engaged in similar unjustifiable 21 conduct, unless no other State would have jurisdiction 22 under any provision of subsection (c).

•HR 3494 EH 79 1 TITLE XI—SEXUAL ASSAULT 2 PREVENTION 3 Subtitle A—Standards, Practice, 4 and Training for Sexual Assault 5 Examinations

6 SEC. 1101. SHORT TITLE. 7 This subtitle may be cited as the ‘‘Standards, Prac- 8 tice, and Training for Sexual Assault Examinations Act’’.

9 SEC. 1102. STANDARDS, PRACTICE, AND TRAINING FOR SEX-

10 UAL ASSAULT EXAMINATIONS.

11 (a) IN GENERAL.—The Attorney General shall— 12 (1) evaluate existing standards of training and 13 practice for licensed health care professionals per- 14 forming sexual assault forensic examinations and de- 15 velop a national recommended standard for training; 16 (2) recommend sexual assault examination 17 training for all health care students to improve the 18 recognition of injuries suggestive of rape and sexual 19 assault and baseline knowledge of appropriate evi- 20 dence collection; and 21 (3) review existing national, State, and local 22 protocols on sexual assault for forensic examina- 23 tions, and based on this review, develop a rec- 24 ommended national protocol, and establish a mecha- 25 nism for its nationwide dissemination.

•HR 3494 EH 80

1 (b) CONSULTATION.—The Attorney General shall 2 consult with national, State, and local experts in the area 3 of rape and sexual assault, including but not limited to, 4 rape crisis centers, State sexual assault and domestic vio- 5 lence coalitions and programs, criminal justice, forensic 6 nursing, forensic science, emergency room medicine, law, 7 social services, sex crimes in underserved communities as 8 defined in 42 U.S.C. 3796gg–2(7).

9 (c) REPORT.—The Attorney General shall ensure 10 that no later than 1 year after the date of enactment of 11 this Act, a report of the directives in subsection (a) is sub- 12 mitted to Congress.

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There 14 are authorized to be appropriated to carry out this section 15 $200,000 for fiscal year 1999. 16 Subtitle B—Prevention of Custo- 17 dial Sexual Assault by Correc- 18 tional Staff

19 SEC. 1111. SHORT TITLE. 20 This subtitle may be cited as the ‘‘Prevention of Cus- 21 todial Sexual Assault by Correctional Staff Act’’.

22 SEC. 1112. FINDINGS. 23 Congress finds the following: 24 (1) According to an extensive 1996 report by 25 the Women’s Rights Project of Human Rights

•HR 3494 EH 81 1 Watch, sexual abuse of women prisoners by correc- 2 tional officers is a serious problem in our Nation’s 3 prisons, jails, and correctional facilities. 4 (2) Custodial sexual assault of women by cor- 5 rectional officers includes documented incidents of 6 vaginal, oral, and anal rape. 7 (3) Because correctional officers wield near ab- 8 solute power over female prisoners, officers may 9 abuse that power to sexually assault and abuse fe- 10 male prisoners, as well as engage in constant grop- 11 ing, harassment, and other abuse.

12 SEC. 1113. ESTABLISHMENT OF PREVENTION PROGRAM.

13 (a) PROGRAM GUIDELINES.—

14 (1) IN GENERAL.—The Attorney General shall 15 establish guidelines for States and disseminate such 16 information to the States regarding the prevention 17 of custodial sexual misconduct by correctional staff.

18 (2) REQUIREMENTS.—Such guidelines shall in- 19 clude requirements that— 20 (A) prohibit a State department of correc- 21 tions from hiring correctional staff who have 22 been convicted on criminal charges, or found 23 liable in civil suits, for custodial sexual mis- 24 conduct; and

•HR 3494 EH 82 1 (B) each State department of corrections 2 maintain databases, including the names and 3 identifying information of individuals who have 4 been convicted on criminal charges or found lia- 5 ble in civil suits for custodial sexual misconduct 6 and to check these databases prior to hiring 7 any correctional staff.

8 (3) NATIONAL DATABASE.—This information 9 shall also be submitted to the Department of Justice 10 where it will be maintained and updated on a na- 11 tional database.

12 (b) RELEASE OF INFORMATION.—The information 13 collected under subsection (a)(2) shall be treated as pri- 14 vate data except that— 15 (1) such information may be disclosed to law 16 enforcement agencies for law enforcement purposes; 17 (2) such information may be disclosed to gov- 18 ernment agencies conducting confidential back- 19 ground checks; and 20 (3) the designated State law enforcement agen- 21 cy and any local law enforcement agency authorized 22 by the State agency may release relevant informa- 23 tion that is necessary to protect prisoners concerning 24 a specific person whose name is included in the 25 database, except that the identity of a victim of an

•HR 3494 EH 83 1 offense that requires information to be maintained 2 under this section shall not be released.

3 (c) IMMUNITY FOR GOOD FAITH CONDUCT.—Law 4 enforcement agencies, employees of law enforcement agen- 5 cies, and State officials shall be immune from criminal or 6 civil liability for good faith conduct in releasing informa- 7 tion under this section.

8 (d) INELIGIBILITY FOR FUNDS.—

9 (1) IN GENERAL.—A State that fails to imple- 10 ment the program as described under this section 11 shall not receive 10 percent of the funds that would 12 otherwise be allocated to the State under subtitle A 13 of title II of the Violent Crime Control and Law En- 14 forcement Act of 1994 (42 U.S.C. 13701).

15 (2) REALLOCATION.—Any funds that are not 16 allocated for failure to comply with this section shall 17 be reallocated to States that comply with this sec- 18 tion.

19 (3) COMPLIANCE DATE.—Each State shall have 20 not more than 3 years from the date of enactment 21 of this Act in which to implement this section, ex- 22 cept that the Attorney General may grant an addi- 23 tional 2 years to a State that is making good faith 24 efforts to implement this section.

•HR 3494 EH 84 1 SEC. 1114. DEFINITIONS. 2 For purposes of this subtitle— 3 (1) the term ‘‘correctional staff’’ means any 4 employee, contractual employee, volunteer, or agent 5 of a correctional department who is working in any 6 contact position with any prisoners under the juris- 7 diction of that department; and 8 (2) the term ‘‘custodial sexual misconduct’’ 9 means any physical contact, directly or through the 10 clothing, with the sexual or intimate parts of a per- 11 son for the purpose of sexual gratification of either 12 party, when the— 13 (A) parties involved are a person in cus- 14 tody of a correctional department and a mem- 15 ber of the correctional staff; or 16 (B) contact occurs under circumstances of 17 coercion, duress, or threat of force by a member 18 of the correctional staff. 19 TITLE XII—FULL FAITH AND 20 CREDIT FOR PROTECTION 21 ORDERS

22 SEC. 1201. FULL FAITH AND CREDIT FOR PROTECTION

23 ORDERS. 24 (a) Section 2265 of title 18, United States Code, is 25 amended by adding at the end the following:

•HR 3494 EH 85

1 ‘‘(d) FORMULA GRANT REDUCTION FOR NONCOMPLI-

2 ANCE.—

3 ‘‘(1) REDUCTION.—The Attorney General shall 4 reduce by 10 percent (for redistribution to other 5 participating States that comply with subsections (a) 6 and (b)) the amount a State would receive under 7 subpart 1 of part E of title I of the Omnibus Crime 8 Control and Safe Streets Act of 1968 if such State 9 fails to comply with the requirements of subsections 10 (a), (b), and (c).

11 ‘‘(2) EFFECTIVE DATE.—The Attorney General 12 may begin to reduce funds described in paragraph 13 (1) on the first day of each fiscal year succeeding 14 the first fiscal year beginning after the date of the 15 enactment of this subsection.

16 ‘‘(e) REGISTRATION.—Nothing in this section shall 17 require prior filing or registration of a protection order 18 in the enforcing State in order to secure enforcement pur- 19 suant to subsection (a). Nothing in this section shall per- 20 mit a State to notify the party against whom the order 21 has been made that a protection order has been registered 22 and/or filed in that State.’’

23 ‘‘(f) NOTICE.—Nothing in this section shall require 24 notification of the party against whom the order was made

•HR 3494 EH 86 1 in order to secure enforcement by a law enforcement offi- 2 cer pursuant to subsection (a).’’.

3 (b) DEFINITIONS.—Section 2266 of title 18, United 4 States Code, is amended— 5 (1) by inserting ‘‘issued pursuant to State di- 6 vorce and child custody codes’’ after ‘‘custody or- 7 ders’’; and 8 (2) by adding ‘‘Custody and visitation provi- 9 sions in protection orders are subject to the man- 10 dates of this chapter.’’ after ‘‘seeking protection.’’.

11 (b) COMPLIANCE—FULL FAITH AND CREDIT.— 12 Within 180 days, the Attorney General shall issue regula- 13 tions to determine whether a State is in compliance with 14 18 U.S.C. 2265(a), (b), and (c), taking into account the 15 following factors: 16 (1) The State’s documented good faith efforts 17 to ensure compliance by judicial, law enforcement, 18 and other State officials, including the extent and 19 nature of any training programs, outreach, and 20 other activities. 21 (2) The degree to which any case of noncompli- 22 ance by a State official represents an isolated inci- 23 dent, rather than a pattern of nonenforcement. 24 (3) Any barriers to compliance presented by 25 outdated technology, recordkeeping problems, or

•HR 3494 EH 87 1 similar issues, and the State’s documented good 2 faith efforts to removing those barriers.

3 SEC. 1202. GRANT PROGRAM.

4 (a) IN GENERAL.—The Attorney General may pro- 5 vide grants to assist States, Indian tribal governments, 6 and units of local government to develop and strengthen 7 effective law enforcement and recordkeeping strategies to 8 assist States, Indian tribal governments, and units of local 9 government to enforce protective orders issued by other 10 States, Indian tribal governments, or units of local govern- 11 ment.

12 (b) USES OF FUNDS.—

13 (1) IN GENERAL.—Grants under this section 14 shall provide training and enhanced technology com- 15 patible with existing law enforcement systems in- 16 cluding the National Crime Information Center to 17 enforce protection orders.

18 (2) USES OF FUNDS.—Funds received under 19 this section may be used to train law enforcement, 20 prosecutors, court personnel, and others responsible 21 for the enforcement of protection orders, and to de- 22 velop, install, or expand data collection and commu- 23 nication systems, including computerized systems, 24 linking police, prosecutors, and courts for the pur-

•HR 3494 EH 88 1 pose of identifying and tracking protection orders 2 and violations of protection orders and training.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 4 are authorized to carry out this section, $5,000,000 for 5 each of fiscal years 1999, 2000, 2001, 2002, and 2003. 6 TITLE XIII—FEDERAL WITNESS 7 PROTECTION FOR VICTIMS 8 OF DOMESTIC VIOLENCE

9 SEC. 1301. WITNESS PROTECTION.

10 (a) IN GENERAL.—Section 3521(a)(1) of title 18, 11 United States Code, is amended by inserting ‘‘or of a vic- 12 tim of an offense set forth in chapter 110A of this title 13 directed at victims of domestic violence,’’ after ‘‘other seri- 14 ous offense,’’.

15 (b) OTHER ACTIONS.—Section 3521(b)(1) of title 18, 16 United States Code, is amended by inserting ‘‘or a victim 17 of domestic violence,’’ after ‘‘potential witness,’’.

18 (c) GUIDELINES.—Not later than 180 days after the 19 date of enactment of this section, the Attorney General 20 shall establish guidelines for determining eligibility for the 21 Federal witness protection program of persons who are eli- 22 gible for that program under the amendment made by sub- 23 section (a).

•HR 3494 EH 89 1 TITLE XIV—CIVILIAN JURISDIC- 2 TION FOR CRIMES OF SEXUAL 3 ASSAULT AND DOMESTIC VIO- 4 LENCE

5 SEC. 1401. CRIMINAL OFFENSES COMMITTED OUTSIDE THE

6 UNITED STATES BY PERSONS ACCOMPANY-

7 ING THE ARMED FORCES.

8 (a) IN GENERAL.—Title 18, United States Code, is 9 amended by inserting after chapter 211 the following new 10 chapter: 11 ‘‘CHAPTER 212—DOMESTIC VIOLENCE AND 12 SEXUAL ASSAULT OFFENSES COMMIT- 13 TED OUTSIDE THE UNITED STATES

‘‘Sec. ‘‘3261. Domestic violence and sexual assault offenses committed by persons for- merly serving with, or presently employed by or accompanying, the Armed Forces outside the United States. ‘‘3262. Definitions for chapter.

14 ‘‘§ 3261. Domestic violence and sexual assault of-

15 fenses committed by persons formerly

16 serving with, or presently employed by or

17 accompanying, the Armed Forces outside

18 the United States

19 ‘‘(a) IN GENERAL.—Whoever, while serving with, em- 20 ployed by, or accompanying the Armed Forces outside of 21 the United States, engages in conduct that would con- 22 stitute a misdemeanor or felony domestic violence or sex-

•HR 3494 EH 90 1 ual assault offense, if the conduct had been engaged in 2 within the special maritime and territorial jurisdiction of 3 the United States, shall be subject to prosecution in the 4 Federal District Court of the jurisdiction of origin.

5 ‘‘(b) CONCURRENT JURISDICTION.—Nothing con- 6 tained in this chapter deprives courts-martial, military 7 commissions, provost courts, or other military tribunals of 8 concurrent jurisdiction with respect to offenders or of- 9 fenses that by statute or by the law of war may be tried 10 by courts-martial, military commissions, provost courts, or 11 other military tribunals.

12 ‘‘(c) ACTION BY FOREIGN GOVERNMENT.—No pros- 13 ecution may be commenced under this section if a foreign 14 government, in accordance with jurisdiction recognized by 15 the United States, has prosecuted or is prosecuting such 16 person for the conduct constituting such offense, except 17 upon the approval of the Attorney General of the United 18 States or the Deputy Attorney General of the United 19 States (or a person acting in either such capacity), which 20 function of approval shall not be delegated.

21 ‘‘§ 3262. Definitions for chapter 22 ‘‘As used in this chapter— 23 ‘‘(1) the term ‘Armed Forces’ has the same 24 meaning as in section 101(a)(4) of title 10;

•HR 3494 EH 91 1 ‘‘(2) a person is ‘employed by the Armed 2 Forces outside of the United States’ if the person— 3 ‘‘(A) is employed as a civilian employee of 4 the Department of Defense, as a Department of 5 Defense contractor, or as an employee of a De- 6 partment of Defense contractor; 7 ‘‘(B) is present or residing outside of the 8 United States in connection with such employ- 9 ment; and 10 ‘‘(C) is not a national of the host nation; 11 and 12 ‘‘(3) a person is ‘accompanying the Armed 13 Forces outside of the United States’ if the person— 14 ‘‘(A) is a dependent of a member of the 15 Armed Forces; 16 ‘‘(B) is a dependent of a civilian employee 17 of the Department of Defense; 18 ‘‘(C) is residing with the member or civil- 19 ian employee outside of the United States; and 20 ‘‘(D) is not a national of the host nation.’’.

21 (b) CLERICAL AMENDMENT.—The table of chapters 22 at the beginning of part II of title 18, United States Code, 23 is amended by inserting after the item relating to chapter 24 211 the following:

‘‘212. Domestic Violence and Sexual Assault Offenses Committed Outside the United States ...... 3261’’.

•HR 3494 EH 92 1 TITLE XV—PREVENTING VIO- 2 LENCE AGAINST WOMEN IN 3 TRADITIONALLY UNDER- 4 SERVED COMMUNITIES

5 SEC. 1501. ELDER ABUSE, NEGLECT, AND EXPLOITATION.

6 (a) DEFINITIONS.—In this section:

7 (1) IN GENERAL.—The terms ‘‘elder abuse, ne- 8 glect, and exploitation’’, ‘‘domestic violence’’, and 9 ‘‘older individual’’ have the meanings given the 10 terms in section 102 of the Older Americans Act of 11 1965 (42 U.S.C. 3002).

12 (2) SEXUAL ASSAULT.—The term ‘‘sexual as- 13 sault’’ has the meaning given the term in section 14 2003 of the Omnibus Crime Control and Safe 15 Streets Act of 1968 (42 U.S.C. 3796gg–2).

16 (b) CURRICULA.—The Attorney General shall develop 17 curricula and offer, or provide for the offering of, training 18 programs to assist law enforcement officers and prosecu- 19 tors in recognizing, addressing, investigating, and pros- 20 ecuting instances of elder abuse, neglect, and exploitation, 21 including domestic violence, and sexual assault, against 22 older individuals.

23 (c) AUTHORIZATION.—There are authorized to be ap- 24 propriated such sums as may be necessary to carry out 25 this subtitle.

•HR 3494 EH 93 1 TITLE XVI—VIOLENCE AGAINST 2 WOMEN TRAINING FOR 3 HEALTH PROFESSIONS

4 SEC. 1601. SHORT TITLE. 5 This title may be cited as the ‘‘Violence Against 6 Women Training for Health Professions Act’’.

7 SEC. 1602. DOMESTIC VIOLENCE AND SEXUAL ASSAULT

8 FORENSIC EVIDENCE.

9 (a) IN GENERAL.—In the case of a health professions, 10 the Attorney General shall award grants and contracts, 11 giving preference to any such entity (if otherwise a quali- 12 fied applicant for the award involved) that has in effect 13 the requirement that, as a condition of receiving a degree 14 or certificate (as applicable) from the entity, each student 15 have had significant training developed in consultation 16 and collaboration with national, State, and local domestic 17 violence and sexual assault coalitions and programs in car- 18 rying out the following functions as a provider of health 19 care: 20 (1) Identifying victims of domestic violence and 21 sexual assault, and maintaining complete medical 22 records that include documentation of the examina- 23 tion, treatment given, and referrals made, and re- 24 cording the location and nature of the victim’s inju- 25 ries.

•HR 3494 EH 94 1 (2) Examining and treating such victims, within 2 the scope of the health professional’s discipline, 3 training, and practice.

4 (b) RELEVANT HEALTH PROFESSIONS ENTITIES.— 5 For purposes of paragraph (1), a health professions entity 6 specified in this paragraph is any entity that is a school 7 of medicine, a school of osteopathic medicine, a graduate 8 program in mental health practice, a school of nursing, 9 a program for the training of physician assistants, or a 10 program for the training of allied health professionals.

11 (c) REPORT TO CONGRESS.—Not later than 2 years 12 after the date of the enactment of the Violence Against 13 Women Training for Health Professions Act, the Attorney 14 General shall submit to the House of Representatives, and 15 the Senate, a report specifying the health professions enti- 16 ties that are receiving grants or contracts under this sec- 17 tion; the number of hours of training required by the enti- 18 ties for purposes of such paragraph; the extent of clinical 19 experience so required; and the types of courses through 20 which the training is being provided, including the extent 21 of involvement of nonprofit nongovernmental domestic vio- 22 lence and sexual assault victims services programs in the 23 training.

24 (d) DEFINITIONS.—For purposes of this section—

•HR 3494 EH 95 1 (1) the term ‘‘domestic violence’’ includes acts 2 or threats of violence, not including acts of self de- 3 fense, committed by a current or former spouse of 4 the victim, by a person with whom the victim shares 5 a child in common, by a person who is cohabitating 6 with or has cohabitated with the victim, by a person 7 who is or has been in a continuing social relationship 8 of a romantic or intimate nature with the victim, by 9 a person similarly situated to a spouse of the victim 10 under the domestic or family violence laws of the ju- 11 risdiction, or by any other person against a victim 12 who is protected from that person’s acts under the 13 domestic or family violence laws of the jurisdiction; 14 and 15 (2) the term ‘‘sexual assault’’ means any con- 16 duct proscribed by chapter 109A of title 18, United 17 States Code, whether or not the conduct occurs in 18 the special maritime and territorial jurisdiction of 19 the United States or in a Federal prison and in- 20 cludes both assaults committed by offenders who are 21 strangers to the victim and assaults committed by 22 offenders who are known to the victim or related by 23 blood or marriage to the victim.

•HR 3494 EH 96 1 TITLE XVII—VIOLENCE AGAINST 2 WOMEN INTERVENTION, PRE- 3 VENTION, AND EDUCATION 4 RESEARCH 5 Subtitle A—Violence Against 6 Women Prevention, Detection 7 and Investigation Research

8 SEC. 1701. FINDINGS.

9 (a) FINDINGS.—Congress finds the following: 10 (1) According to a Panel on Research on Vio- 11 lence Against Women convened by the National Re- 12 search Council in response to the mandates by the 13 Violence Against Women Act of 1994— 14 (A) significant gaps exist in understanding 15 the extent and causes of violence against women 16 and the impact and the effectiveness of edu- 17 cation, prevention, and interventions; 18 (B) funding for research on violence 19 against women is spread across numerous Fed- 20 eral agencies with no mechanism through which 21 to coordinate these efforts or to link with other 22 federally sponsored research initiatives; and 23 (C) research on violence against women 24 would benefit from an infrastructure that sup-

•HR 3494 EH 97 1 ports interdisciplinary efforts and aids in inte- 2 grating these efforts into practice and policy. 3 (2) Despite the increased funding to prevent 4 and respond to violence against women in under- 5 served populations, few studies have examined inci- 6 dence and prevalence data from the perspective of 7 racial, ethnic, language, age, disability, and other 8 underserved populations. Moreover, little is known 9 about the types of prevention, detection, and inves- 10 tigation strategies that are most effective in under- 11 served populations. 12 (3) Most studies currently focus on aspects of 13 domestic violence related to physical abuse. Few 14 studies explore the harm caused by emotional and 15 psychological abuse and the appropriate prevention, 16 detection, and investigation strategies for victims ex- 17 periencing this form of abuse. 18 (4) Violence exposure as a risk factor for dis- 19 ease must be examined for a range of diseases and 20 diagnoses to better understand the correlation be- 21 tween violence and disease including intervening 22 variables. 23 (5) Violence against women occurs within the 24 context of a sociocultural environment that should 25 be studied to assist in a greater understanding of

•HR 3494 EH 98 1 those factors that promote and maintain violence 2 against women and to provide a framework for de- 3 veloping and assessing education, prevention, and 4 intervention strategies.

5 SEC. 1702. TASK FORCE.

6 (a) PURPOSES.—The Attorney General shall estab- 7 lish a task force to coordinate research on violence against 8 women. The task force shall comprise representation from 9 all Federal agencies that fund such research.

10 (b) USES OF FUNDS.—Funds appropriated under 11 this section shall be used to— 12 (1) develop a coordinated strategy to strengthen 13 research focussed on education, prevention, and 14 intervention strategies on violence against women; 15 (2) track and report on all Federal research 16 and expenditures on violence against women; 17 (3) identify gaps in research and develop cri- 18 teria for all Federal agencies for evaluating research 19 proposals, taking into account the context within 20 which women live their lives, including the broad so- 21 cial and cultural context as well as individual fac- 22 tors; and 23 (4) set priorities for research efforts that ex- 24 plore factors such as race, social, and economic 25 class, geographic location, age, language, sexual ori-

•HR 3494 EH 99 1 entation, disability, and other factors that result in 2 violent crimes against women.

3 (c) AUTHORIZATION OF APPROPRIATION.—There 4 shall be appropriated $500,000 for each of fiscal years 5 1999, 2000, and 2001 to fulfill the purposes of this sec- 6 tion.

7 SEC. 1703. PREVENTION, DETECTION, AND INVESITIGATION

8 RESEARCH GRANTS.

9 (a) PURPOSES.—The Department of Justice shall 10 make grants to entities, including domestic violence and 11 sexual assault organizations, research organizations, and 12 academic institutions, to support research to further the 13 understanding of the causes of violent behavior against 14 women and to evaluate prevention, detection, and inves- 15 tigation programs.

16 (b) USE OF FUNDS.—The research conducted under 17 this section shall include, but not be limited to the follow- 18 ing areas and others that may be identified by the Task 19 Force established under section 1702 of this title— 20 (1) longitudinal research to study the develop- 21 mental trajectory of violent behavior against women 22 and the way such violence differs from other violent 23 behaviors; 24 (2) examination of risk factors for sexual and 25 intimate partner violence for victims and perpetra-

•HR 3494 EH 100 1 tors, such as poverty, childhood victimization and 2 other traumas; 3 (3) examination of short- and long-term efforts 4 of programs designed to prevent sexual and intimate 5 partner violence; 6 (4) outcome evaluations of interventions tar- 7 geted at children and teenagers; 8 (5) examination of and documentation of the 9 processes and informal strategies women experience 10 in attempting to manage and end the violence in 11 their lives; and 12 (6) development and testing of effective meth- 13 ods of screening and providing services at all points 14 of entry to the health care system, including mental 15 health, emergency medicine, and primary care.

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There 17 are authorized to be appropriated $6,000,000 for each of 18 the fiscal years 1999, 2000, and 2001 to carry out this 19 section.

20 SEC. 1704. ADDRESSING GAPS IN RESEARCH.

21 (a) PURPOSES.—The Department of Justice shall 22 make grants to domestic violence and sexual assault orga- 23 nizations, research organizations and academic institu- 24 tions for the purpose of expanding knowledge about vio- 25 lence against women, with a particular emphasis on ex-

•HR 3494 EH 101 1 ploring such issues as they affect underserved commu- 2 nities.

3 (b) USES OF FUNDS.—Funds appropriated under 4 this section shall be used to examine, but not be limited 5 to, the following areas— 6 (1) development of national- and community- 7 level survey studies to measure the incidence and 8 prevalence of violence against women in underserved 9 populations and the definitions women use to de- 10 scribe their experience of violence; 11 (2) qualitative and quantitative research to un- 12 derstand how factors such as race, ethnicity, socio- 13 economic status, age, language, disability, and sex- 14 ual orientation that result in violent crimes against 15 women; 16 (3) study of the availability and accessibility of 17 State and local legal remedies to victims of intimate 18 partner violence within the context of a same sex in- 19 timate relationship; 20 (4) the use of nonjudicial alternative dispute 21 resolution (such as mediation, negotiation, concilia- 22 tion, and restorative justice models) in cases where 23 domestic violence is a factor, comparing nonjudicial 24 alternative dispute resolution and traditional judicial 25 methods based upon the quality of representation of

•HR 3494 EH 102 1 the victim, training of mediators or other 2 facilitators, satisfaction of the parties, and outcome 3 of the proceedings, as well as other factors that may 4 be identified; and 5 (5) other such research as may be determined 6 by the Task Force established under section 1702 in 7 consultation with domestic violence and sexual as- 8 sault advocates, coalitions, national experts, and re- 9 searchers.

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 11 authorized to be appropriated $4,500,000 for each of fis- 12 cal years 1999, 2000, and 2001 to carry out this section.

13 SEC. 1705. STUDY. 14 The United States Sentencing Commission shall 15 study the following and report to the Congress— 16 (1) sentences given to persons incarcerated in 17 Federal and State prison for assault or homicide 18 crimes in which the relationship to the victim was a 19 spouse, former spouse, or intimate partner; 20 (2) the effect of illicit drugs and alcohol on do- 21 mestic violence and the sentences imposed for of- 22 fenses involving such illicit drugs and alcohol where 23 domestic violence occurred;

•HR 3494 EH 103 1 (3) the extent to which acts of domestic violence 2 committed against the defendant, including coercion, 3 may play a role in the commission of an offense; 4 (4) analysis delineated by race, gender, type of 5 offense, and any other categories that would be use- 6 ful for understanding the problem; and 7 (5) recommendations with respect to the of- 8 fenses described in this section particularly any basis 9 for a downward adjustment in any applicable guide- 10 lines determination.

11 SEC. 1706. STATUS REPORT ON LAWS REGARDING RAPE

12 AND SEXUAL ASSAULT OFFENSES.

13 (a) STUDY.—The Attorney General, in consultation 14 with national, State, and local domestic violence and sex- 15 ual assault coalitions and programs, including, nationally 16 recognized experts on sexual assault, such as from the ju- 17 diciary, the legal profession, psychological associations, 18 and sex offender treatment providers, shall conduct a na- 19 tional study to examine the status of the law with respect 20 to rape and sexual assault offenses and the effectiveness 21 of the implementation of laws in addressing such crimes 22 and protecting their victims. The Attorney General may 23 utilize the Bureau of Justice Statistics, the National Insti- 24 tute of Justice, and the Office for Victims of Crime in 25 carrying out this section.

•HR 3494 EH 104

1 (b) REPORT.—Based on the study required under 2 subsection (a), the Attorney General shall prepare a re- 3 port, including an analysis of the uniformity of the rape 4 and sexual assault laws including sex offenses committed 5 against children and sex offenses involving penetration of 6 any kind among the States and their effectiveness in pros- 7 ecuting crimes of rape and sexual assault offenses as fol- 8 lows: 9 (1) Definitions of rape and sexual assault, in- 10 cluding any marital rape exception and any other ex- 11 ception or downgrading of offense. 12 (2) Element of consent and coercive conduct, 13 including deceit. 14 (3) Element of physical resistance and affirma- 15 tive nonconsent as a precondition for conviction. 16 (4) Element of force, including penetration re- 17 quirement as aggravating factor and use of coercion. 18 (5) Evidentiary matters— 19 (A) inferences—timeliness of complaint 20 under the Model Penal Code; 21 (B) post traumatic stress disorder (includ- 22 ing rape trauma syndrome) relevancy of scope 23 and admissibility; 24 (C) rape shield laws—in camera evi- 25 dentiary determinations;

•HR 3494 EH 105 1 (D) prior bad acts; and 2 (E) corroboration requirement and cau- 3 tionary jury instructions. 4 (6) Existence of special rules for rape and sex- 5 ual assault offenses. 6 (7) Use of experts. 7 (8) Sentencing— 8 (A) plea bargains; 9 (B) presentence reports; 10 (C) recidivism and remorse; 11 (D) adolescents; 12 (E) psychological injuries; 13 (F) gravity of crime and trauma to victim; 14 and 15 (G) race. 16 (9) Any personal or professional relationship 17 between the perpetrator and the victim. 18 (10) Any recommendations of the Attorney 19 General for reforms to foster uniformity among the 20 States in addressing rape and sexual assault of- 21 fenses in order to protect victims more effectively 22 while safeguarding due process.

23 (c) DEFINITION.—For purposes of this section, the 24 term ‘‘rape and sexual assault offenses’’ includes carnal 25 knowledge of a child, abduction with intent to defile, inde-

•HR 3494 EH 106 1 cent liberties, beastiality, forcible sodomy, sexual penetra- 2 tion with an animate or inanimate object, forced sexual 3 intercourse (labia majora penetration or anus penetra- 4 tion), cunnilingus, fellatio, anallingus, anal intercourse, 5 sexual battery, aggravated sexual battery, and sexual 6 abuse, accomplished by use of force, threats, or intimida- 7 tion.

8 (d) REPORT.—The Attorney General shall ensure 9 that no later than 1 year after the date of enactment of 10 this Act, the study required under subsection (a) is com- 11 pleted and a report describing the findings made is sub- 12 mitted to Congress.

13 (e) AUTHORIZATION OF APPROPRIATION.—It is au- 14 thorized that $200,000 be appropriated to carry out the 15 study required by this section.

16 SEC. 1707. RESEARCH CENTERS. 17 The Attorney General shall establish 3 research cen- 18 ters to support the development of research and training 19 program to focus on violence against women, to provide 20 mechanisms for collaboration between researchers and 21 practitioners, and to provide technical assistance for inte- 22 grating research into service provision. Each Center shall 23 be organized around a research area such as epidemiology 24 and measurement of violence against women, causes and 25 risk factors, and prevention and intervention evaluation

•HR 3494 EH 107 1 research. At least one of the centers shall be established 2 at an entity other than an academic institution. There are 3 authorized to be appropriated $3,000,000 for each of the 4 fiscal years 1999, 2000, and 2001 to carry out this sec- 5 tion. 6 TITLE XVIII—PUBLIC ACCESS TO 7 FBI DATABASE ON SEXUAL 8 OFFENDERS

9 SEC. 1801. ESTABLISHMENT OF TELEPHONE ACCESS FOR

10 THE PUBLIC TO FBI DATABASE ON SEXUAL

11 OFFENDERS. 12 Subtitle A of title XVII of the Violent Crime Control 13 and Law Enforcement Act of 1994 (42 U.S.C. 14071 et 14 seq.) is amended by adding at the end the following new 15 section:

16 ‘‘SEC. 170103. TELEPHONE ACCESS FOR THE PUBLIC TO FBI

17 DATABASE.

18 ‘‘(a) ESTABLISHMENT.—(1) The Attorney General 19 shall establish, publicize, and operate a national telephone 20 service by which a person (as defined in subsection (f)(2)) 21 may request the information described in paragraph (2). 22 ‘‘(2) The information described in this paragraph is 23 whether an individual (as defined in subsection (f)(3)), 24 other than a victim of an offense that requires registration

•HR 3494 EH 108 1 under this subtitle, is listed in the database established 2 under section 170102.

3 ‘‘(b) PREREQUISITE FOR ACCESS TO INFORMA-

4 TION.—The Attorney General shall not disclose the infor- 5 mation described in subsection (a)(2) unless the person 6 seeking such information provides his or her full name, 7 the full name of the individual, and one or more of the 8 following: 9 ‘‘(1) The address of the individual’s residence. 10 ‘‘(2) The individual’s Social Security number. 11 ‘‘(3) The individual’s driver’s license number or 12 the number the identification card issued by State or 13 local authorities in lieu of a driver’s license. 14 ‘‘(4) The individual’s date of birth. 15 ‘‘(5) Such other information as the Attorney 16 General determines to be appropriate for purposes of 17 identification of the individual.

18 ‘‘(c) NOTICE TO CALLER.—Prior to disclosing infor- 19 mation described in subsection (a)(2), and without charg- 20 ing a fee for the same, the Attorney General shall provide 21 the following general information in the form of a recorded 22 message: 23 ‘‘(1) The requirements described in sub- 24 section (b).

•HR 3494 EH 109 1 ‘‘(2) The fee for the use of the telephone 2 service. 3 ‘‘(3) A warning that information received pur- 4 suant to such request may not be misused, as de- 5 scribed in subsection (e), and notice of the penalties 6 for such misuse of the information. 7 ‘‘(4) A warning that the service is not be avail- 8 able to persons under 18 years of age. 9 ‘‘(5) Such other information as the Attorney 10 General determines to be appropriate.

11 ‘‘(d) FEES FOR USE OF SERVICE.—

12 ‘‘(1) FEE FOR ACCESS TO INFORMATION IN

13 DATABASE.—The Attorney General shall charge a 14 fee for each use of the service for information de- 15 scribed in subsection (a) from the service.

16 ‘‘(2) LIMITATION ON NUMBER OF REQUESTS.— 17 A person may not make more than two requests for 18 such information per use of the service.

19 ‘‘(3) USE OF FEES TO DEFRAY EXPENSES OF

20 SERVICE.—To the extent provided in advance in ap- 21 propriations Acts, moneys received under paragraph 22 (1) shall be used to pay for the expenses of the oper- 23 ation of the service.

24 ‘‘(e) PENALTIES FOR MISUSE OF INFORMATION.—

•HR 3494 EH 110

1 ‘‘(1) PROHIBITIONS.—Whoever, having obtained 2 information described in subsection (a)(2) from the 3 service, knowingly uses such information— 4 ‘‘(A) for any purpose other than to protect 5 a minor at risk; or 6 ‘‘(B) with respect to insurance, housing, or 7 any other use that the Attorney General may 8 determine— 9 ‘‘(i) is unnecessary for the protection 10 of a minor at risk or; 11 ‘‘(ii) which creates a disproportionate 12 prejudicial effect, 13 shall be punished as provided in paragraph (2).

14 ‘‘(2) CIVIL PENALTY.—Each person who vio- 15 lates the provisions of paragraph (1) shall be subject 16 to a civil penalty imposed by the Attorney General 17 of not more than $1,000 for each violation.

18 ‘‘(f) DEFINITIONS.—As used in this section:

19 ‘‘(1) MINOR AT RISK.—The term ‘minor at risk’ 20 means a minor, as that term is defined in section 21 2256(1) of title 18, United States Code, who is or 22 may be in danger of becoming a victim of an offense, 23 for which registration is required under this subtitle, 24 by an individual about whom the information de- 25 scribed in subsection (a)(2) is sought.

•HR 3494 EH 111

1 ‘‘(2) PERSON.—The term ‘person’ means a per- 2 son who requests the information described in sub- 3 section (a)(2).

4 ‘‘(3) INDIVIDUAL.—The term ‘individual’ means 5 an individual who is required to register under this 6 subtitle.’’. 7 TITLE XIX—LIMITING AVAIL- 8 ABILITY OF PORNOGRAPHY 9 ON COMPUTERS

10 SEC. 1901. LIMITING AVAILABILITY OF PORNOGRAPHY ON

11 COMPUTERS.

12 (a) IN GENERAL.—Not later than 90 days after the 13 date of the enactment of this Act, the Federal Bureau of 14 Investigation and the Attorney General shall begin a study 15 of computer-based technologies and other approaches to 16 the problem of the availability of pornographic material 17 to children on the Internet, in order to develop possible 18 amendments to Federal criminal law and other law en- 19 forcement techniques to respond to this problem.

20 (b) CONTENTS OF STUDY.—The study shall address 21 the following: 22 (1) The capabilities of present-day computer- 23 based control technologies for controlling electronic 24 transmission of pornographic images.

•HR 3494 EH 112 1 (2) Research needed to develop computer-based 2 control technologies to the point of practical utility 3 for controlling the electronic transmission of porno- 4 graphic images. 5 (3) Any inherent limitations of computer-based 6 control technologies for controlling electronic trans- 7 mission of pornographic images. 8 (4) Operational policies or management tech- 9 niques needed to ensure the effectiveness of these 10 control technologies for controlling electronic trans- 11 mission of pornographic images. 12 (5) Policy and criminal law and law enforce- 13 ment options for promoting the deployment of such 14 control technologies and the costs and benefits of 15 such options. 16 (6) The possible constitutional limitations or 17 constraints with respect to any of the matters de- 18 scribed in paragraphs (1) through (5).

19 (c) FINAL REPORT.—Not later than 2 years after the 20 date of the enactment of this section, the Federal Bureau 21 of Investigation shall make a final report of the results 22 of the study to the Committee on the Judiciary of the 23 House of Representatives and the Committee on the Judi- 24 ciary of the Senate. The final report of the study shall 25 set forth the findings, conclusions, and recommendations

•HR 3494 EH 113 1 of the Council and shall be submitted to relevant Govern- 2 ment agencies and congressional committees. Passed the House of Representatives June 11, 1998. Attest:

Clerk.

•HR 3494 EH